Trademark

Threat of legal proceedings and trade libel

The trademark must be an important part of any business which helps a company to involve any business. The threat of legal proceedings and trade libel is described below:

Threat of legal proceedings

The last preceding does not assign sub-section, if the proprietor of trademark registration. Passing off section 142 of the act applies only to infringement of registered trademark. It has no application to threats made for passing off action. Where the company brand name must be registered which helps your legal problems.

What is a threat

The use of any language such as would be understood by a normal reader, if it was a letter, or hearer if it was a statement, to mean that the writer intended to take proceedings in respect of the act complained of must necessarily constitute a threat of proceedings. It is immaterial if it is expressed in general language stating that the complainant will protect their interests with the utmost vigor.

What the plaintiff must prove

The plaintiff must prove that the defendant by whatever form of words he has used, has in substance alleged that certain particular acts, past, present or future, by a particular person or persons, constitute or will constitute or even may constitute (for the allegation is a mere expression of opinion) an infringement of trademark registration. In an action for threat by the defendants based on his trademark registration label containing the words COLD RUB the plaintiffs established that they were using the words for bona fide description of the goods.

Suit for passing off pending

The pendency of a suit for passing off against the plaintiff by the defendant will not prevent the court from granting an injunction in a threat action restraining the defendant from continuing the threats.

Person aggrieved

The expression ‘person aggrieved’ appears in the provisions relating to rectification of the register. The section 142 is concerned any person who is threatened or aggrieved by the threat is a person entitled to bring the suit. The expression also occurs in section 106 of the Patents Act 1970 relating to groundless threat of legal proceedings.

 “Or otherwise”

This expression used in the earlier the Patent Acts of UK and India (but deleted from the subsequent Acts) relating to threat actions has been interpreted as not ejusdem generis with “circulars, advertisements”.

Warning against infringements issued in good faith

If the owner of a patent, copyright or trademark published in good faith and in the belief that it is well founded.

Issue of circulars when action is pending

When an action for infringement of a trademark is pending the plaintiff is at liberty to warn the trade by circulars, but to introduce discussion of the merits of the action will amount to contempt of court.

Apology made by parties

A plaintiff’s apology to the defendant may be published under whatever circumstances the apology was made. If a director has not involved any kind of business registration, then he may be punishable and make apologies to their partners.

Death of plaintiff

If the plaintiff dies during the pendency of the suit for a trade libel, his executors can conduct the case as a trade libel causes injury to the estate of the deceased. A company logo must be important for your business marketing strategies.

Threat of legal proceedings and trade libel

Trade Libel

It is an actionable wrong to create defamatory statement about a man’s goods or business

(a) if they are untrue and are made maliciously

(b) if they are intended to produce or are reasonably likely to produce damage and

(c) if in the ordinary course of things they do produce damages.

Essential ingredients of the action

An action for slander of title or injurious falsehood can be maintained only if the plaintiff proves three things:

  • The statements or representations complained of were false or untrue
  • They were made maliciously that is, without just cause or excuse
  • The plaintiff has suffered special damages thereby

True statements not actionable

If the statement complained of is true, it will not constitute slander of title. An advertisement of a general caution notice in defence of one’s own property rights is permissible. The company registration may be a part of your business and thus issued any good activities of any kind of business.

What is Malice? 

Malice in the law of slander of title and other forms of injurious falsehood means some dishonest or otherwise improper motive. The term “Maliciously” is used not in the sense of illegality, but in the sense of being made with some indirect or dishonest motive.

Special damage

In order to succeed in an action for trade libel the plaintiff should prove either actual damage or likelihood of actual damage.

Erroneous or misleading statement of judgment in an action

The publication of an untrue statement or a misleading report of the effect of a court’s judgment in an action may constitute trade libel. The threat and all other activities of registering a logo must be useful for business.

Statement made in defence of one’s own property

Where the defendant has property of his own in defence of which the supposed slander of the plaintiff’s title is uttered. It is not enough that the statement should be untrue, but there must be some evidence, either from the nature of the statement itself or otherwise to satisfy the court that the statement was not only untrue.

Issue of circulars when action is pending

When an action for infringement of a trademark is pending the plaintiff is at liberty to warn the trade by circulars, but to introduce discussion of the merits of the action will amount to contempt of the court.

Interlocutory injunction

Interlocutory injunction restraining the defendant from publication of the statement until hearing may be granted in proper cases. The trademark, copyright, patent and all other IPR services has to involve the business to be run without any problems.

Apology made by parties

A plaintiffs apology to the defendant may be published under whatever circumstances the apology was made. He may be responsible for all registration activities without any proper rules.

Death of plaintiff

If the plaintiff dies during the pendency of the suit for a trade libel, his executors can conduct the case as a trade libel causes injury to the estate of the deceased.

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