Appeal against dismissal of claim of trade mark infringement threats by the defendants’ lawyers. The court was asked to consider whether a letter, described as ‘the September letter’ was an actionable threat.
Held: Lord Neuberger MR said: ‘In my view, insofar as such a question turns on the meaning of any particular passage in the September letter, it has to be answered by reference to what a reasonable person, in the position of the recipient of the letter, with its knowledge of all the relevant circumstances at the date the letter was written, would have understood the writer of the passage to have intended, when read in the context of the letter as a whole.’
Judges:
Lord Neuberger MR
Citations:
[2011] EWCA Civ 618
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Approved – L’Oreal (UK) Limited and Another v Johnson and Johnson and Another ChD 7-Mar-2000
The claimant appealed against an order striking out their threat action for trade mark infringement, in respect of the words ‘No Tears’ when used for children’s shampoo.
Held: The court had to consider both the letter and the surrounding . .
Cited by:
Cited – Samsung Electronics (UK) Ltd and Another v Apple Inc ChD 4-Apr-2012
The parties were engaged in worldwide litigation disputing an alleged infringement of Apple’s registered design by Samsung’s Galaxy tablet computer. In this case, Samsung sought a declaration of non-infringement. Apple counterclaimed, alleging . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 13 September 2022; Ref: scu.440116
