ACCOUNT_JOB_COMPANY

ACCOUNT_JOB_ADDRESS_SINGLE_LINE

 

For the attention of the directors/company secretary

PARTY_2_ADDRESS_MULTI_LINE

 

27 December 2024

Dear Sirs/Madam,

Subject: Passing off

We are the representatives of PARTY_1_NAME whose principal place of business is at PARTY_1_ADDRESS_SINGLE_LINE.

1. Our Client, PARTY_1_NAME, has manufactured and sold PRODUCTCLIENT for PERIOD years under the mark of “[MARK]”. MARKETSHARE

2. As illustrated by the figures stated above, our client has established and built a significant in the [ ] in relation to [PRODUCTS].

3. On PASSINGOFFDATE, our client discovered that your company, PARTY_2_NAME has committed acts of passing off. We enclose a copy of such behaviour in this letter.

4. In considering the substantial goodwill and reputation of our client’s business under the name of “RESPONDENT”, your use of the name for PARTY_2_NAME is likely to cause members of the public, particularly our client’s customers that your business is associated, or in any way connected with that of our client. The continued use of the “RESPONDENT” to operate your business is likely to cause persistent, irrevocable, and substantial damage to our client’s reputation and goodwill.

5. Our claims of passing off are not without evidence, we have set up particular instances where confusion has occurred:

PASSINGOFF

6. Our client deems these acts of passing off as unacceptable and, in the circumstances, it requires you to sign the undertakings in the form attached and return the form to us by 12 pm on DATE. Under paragraph 4 of the undertakings, our client requires information relating to the number of products sold to assess the number of damages payable.

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