Letter of Claim (Passing off)

The document titled 'Letter of Claim (Passing off)' is a formal letter that serves as an undertaking by Party 1 to Party 2. The letter addresses the issue of passing off, which refers to the unauthorized use of another party's trademark or any other activity that may cause confusion or harm the reputation or goodwill of the other party.

 

The letter begins with a brief introduction, stating that Party 1 undertakes certain actions to refrain from engaging in passing off activities. It emphasizes that Party 1 will not sell, offer to sell, import, exhibit, advertise, distribute, or deal in any goods under the trademark 'mark' or any other mark that may cause confusion or constitute passing off. Additionally, Party 1 will not engage in any activity associated with or likely to harm the reputation or goodwill of Party 2.

 

The document further outlines specific obligations that Party 1 must fulfill within specified timeframes. Firstly, Party 1 must deliver all goods and documents related to passing off to Party 2 within seven days of the letter's date. This ensures that Party 2 has full control over any materials or evidence relevant to the passing off issue.

 

Furthermore, Party 1 is required to provide Party 2 with details of any person, company, or organization to whom they have made representations associating Party 2 or its business. This information must also be provided within seven days of the letter's date.

 

Party 1 is obligated to deliver any future goods falling within the scope of the undertakings to Party 2 within seven days of their possession, custody, or control. This ensures that Party 2 is protected from any future passing off activities by Party 1.

 

Within thirty days of the letter, Party 1 must provide Party 2 with a witness statement from an authorized representative of Party 1. The statement must confirm that Party 1 has promptly and fully complied with the obligations outlined in clauses 1 to 4 of the letter of claim. It should also state that the information and materials provided under clauses 3 and 4 are comprehensive and accurate.

 

Party 1 acknowledges that it may be liable for damages, costs, or profits resulting from their passing off activities. The amount will be agreed upon or determined by the court. Additionally, Party 1 is responsible for reimbursing Party 2's reasonable legal costs incurred in relation to the passing off issue, which will be determined if not agreed upon.

 

In conclusion, the 'Letter of Claim (Passing off)' is a crucial document that outlines Party 1's undertaking to refrain from passing off activities and fulfill specific obligations to Party 2. It ensures that Party 2 is protected from any harm to its reputation or goodwill caused by Party 1's actions.

How to use this document?

To effectively use the 'Letter of Claim (Passing off)' document, follow the steps below:

1. Read the entire document carefully to understand the context and the obligations outlined by Party 1.

2. Ensure that Party 1's name, address, and the current date are accurately filled in the designated fields at the beginning of the letter.

3. Address the letter to the appropriate recipient, using their correct name and title.

4. Clearly state the subject of the letter as 'Undertakings' to indicate the purpose of the communication.

5. Review the specific undertakings outlined in clause 1 of the letter. Understand that Party 1 commits to refraining from engaging in passing off activities related to the specified goods or any activity that may harm Party 2's reputation or goodwill.

6. Take note of the obligations Party 1 must fulfill within seven days of the letter's date. This includes delivering goods and documents related to passing off to Party 2.

7. Pay attention to clause 4, which requires Party 1 to provide details of any representations made associating Party 2 or its business with other individuals, companies, or organizations.

8. Understand that Party 1 must continue to deliver any future goods falling within the scope of the undertakings to Party 2 within seven days of their possession, custody, or control.

9. Be aware that Party 1 must provide a witness statement within thirty days of the letter, confirming their compliance with the obligations outlined in clauses 1 to 4. The statement should be endorsed with a statement of truth.

10. Consider the potential damages, costs, or profits that Party 1 may be liable for as a result of passing off activities. These may be agreed upon or determined by the court.

11. Keep a record of any reasonable legal costs incurred by Party 2 in relation to the passing off issue, as Party 1 is responsible for reimbursing these costs.

By following these steps, you can effectively utilize the 'Letter of Claim (Passing off)' document and ensure that Party 1 fulfills their obligations while protecting Party 2's interests.