Nath Solicitors reviews unjustified threats including remedies and how someone can avoid making an unjustified threat.
What is an Unjustified Threat
Under s.2 of the Intellectual Property (Unjustified Threats) Act 2017, a communication will be a threat if a reasonable person, in the recipient’s position, would understand from the communication that:
- That a registered trademark exists, and
- A person intends to bring proceedings whether in a court in the UK or elsewhere against another person for infringement of the registered trademark by
- An act done in the UK; or
- An act which, if done, would be done in the UK
A threat will be unjustified if:
- The trademark right in question does not actually exist
- The right has lapsed or has been found to be invalid; or
- The alleged infringement has not occurred because the actions do not encroach upon the legal scope of the trademark right
Remedies for Unjustified Threats
If a threat is found to be unjustified, the affected party may start legal proceedings against the person who issued the threat. Remedies may include:
- A court declaration confirming that the threat was unjustified
- An injunction to prevent further threats, and
- Compensation for any losses suffered as a result of the threat
How do I avoid making an Unjustified Threat
If someone suffers a commercial loss because of your threat, they may be entitled to sue you for damages. It is important to note that these threats do not necessarily need to be made directly. Public statements, such as those posted on websites or sent through mass communications can also be considered unjustified threats.
Because of the difficulty assessing whether an IP right has actually been infringed, it is essential to get proper legal advice before making any claims. Nath Solicitors can help if you suspect your trademark has been violated, or if you have been accused of infringing someone else’s trademark.
If you need advice or assistance, please contact us on 0203 983 8278 or get in touch with the firm online.