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Passing Off - Interim Junction Advice

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  • Passing Off - Interim Junction Advice

    Hi Everyone,

    I have sent a Passing Off Infringement letter to the defendant stating everything (including evidence) of how they had been passing off our TM - requesting them to comply by the following:


    1 To immediately cease and to desist in the future from conducting the Actions as defined in your representative’s letter dated ** ******.
    2 To immediately cease and to desist in the future from passing off ourselves or any business or goods or service of ours or with which we are associated as being that or those of or in any way associated or connected with you or your business.
    3 Within 5 days of this undertaking, to deliver up all goods and associated materials (including advertising and marketing materials) in our possession, custody or control which relate to our acts of passing off as detailed in the Actions or any other acts covered by the above undertakings ('Infringing Items').
    4 Within 5 days of this undertaking, provide full details of all purchasers to whom we have supplied Infringing Items and any suppliers to us of Infringing Items, as are in our possession, custody or control including (without limitation) contact details, quantities supplied or purchased and prices.
    5 Within 7 days of their coming into our possession, custody or control, to deliver up all Infringing Items that in the future come into our possession, custody or control.
    6 Within 5 days of this undertaking, to provide you with a witness statement, endorsed with a statement of truth, to confirm that we have complied with the undertakings given in paragraphs The Schedule Part A1 to The Schedule Part A5 above and that the details provided under paragraph The Schedule Part A4 above are correct and complete.
    7 To pay such damages or account of profits in respect of the Actions as may reasonably be agreed with you or, in the absence of any agreement, as may be determined by the court.
    8 To pay your reasonable legal costs in connection the Actions, such sum to be agreed between you and us or, in the absence of any agreement, as may be determined by assessment.


    Now I only gave the defendant 48 hours to (a) sign the above schedule stating that within the set times above they would comply (mainly 7 days to comply) They then emailed us saying:

    "I write on behalf of ******** . Your correspondence of ******** is noted. Your request for a signed undertaking by close of business by ******** is also noted. The timescales which you have set are unrealistic. I propose to take legal advice on the matters raised, and will aim to respond to your letter of claim within 14 days. I undertake that no use will be made of the phrase “********” for or on behalf of ******** in the intervening period. Without prejudice to liability, I confirm that any references to the term which appear on ********' website have been temporarily removed.

    Should you proceed to issue proceedings prior to receipt of my response, I shall draw the court’s attention to the content of this email when it comes to deal with the issue of costs."

    - I gave this small timescale as I couldnt give them the standard 14 days as this would fall after their next event where they are going to use the TM & offer our service as their own!

    Not only that but we believe they have already printed a magazine using our TM as theirs which obviously we don't want!

    Am i right in applying for an Interim Injunction (N244)? And if so how soon should i apply as the time I originally set in the letter has past?

    It may sound like i know what im doing but believe me i would LOVE some assistance please!

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