This is a draft letter of claim for a client's representatives to notify a company of their acts of 'passing off' which infringes with their client's trademark rights. Passing off is where a trader acts in a way that misleads or misrepresents themselves as being associated or linked with another company or goods or services of another company.
This letter should be used by a client's representatives.
The person receiving this should carefully read this letter. Sometimes, 'passing off' could be purely incidental. It is necessary to examine the claims set out in this letter and decide whether you agree with these claims or not.
If you do agree with the alleged violations, you should seek independent legal advice and ask your legal representation to write back, assuring the claimant that you will take the necessary steps to remove the infringing act (passing off).
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