Trade Mark Infiringement And Passing Off (Particulars Of Claim)
Publisher one
Genie AIJurisdiction
England and WalesCost
Free to useContract party
Relevant sectors
Type of legal document
✉️ Particulars of claim: trade mark infringementBusiness activity
Claim against trade markA particulars of claim: trade mark infringement is a document that sets out the legal basis for a claim of trade mark infringement. It sets out the trade mark that is alleged to have been infringed, the basis of the infringement claim, and the relief that is sought.
In a trade mark infringement case, the claimant (the party bringing the action) asserts that their registered trademark has been unlawfully used by the defendant (the party being accused). This could involve unauthorized use of their brand name, logo, or any other distinctive sign that uniquely identifies their goods or services, causing confusion among consumers and potentially impacting the claimant's reputation or business.
Simultaneously, passing off refers to a situation where the defendant misrepresents their goods or services as those of the claimant, leading consumers to believe they are purchasing products connected to or endorsed by the claimant. Passing off can occur even without a registered trademark, as long as the claimant can demonstrate that they have built up a reputation and goodwill around their brand that the defendant is attempting to exploit.
This legal template provides a structured framework for the claimant to state their case by precisely outlining the circumstances of the infringement and passing off, including descriptions of the trade mark(s) infringing, relevant dates, locations, the defendant's actions, and any damages suffered by the claimant. By following this template, the claimant can ensure that they provide all the necessary details to present a compelling case before the courts, seeking remedies such as injunctions, damages, or an account of profits.
It's important to note that this description is a general overview and serves as an introduction to the legal template. The specific contents and requirements of the template may vary depending on the unique circumstances of each case, as well as the applicable laws and regulations in the United Kingdom. Consulting with a legal professional is strongly advised to tailor the template to the specific case requirements and ensure compliance with relevant legal standards.
How it works
Try using Genie's Free AI Legal Assistant
Generate quality, formatted contracts with AI
Can’t find the right template? Create the bespoke agreement in minutes by conversing with our AI and tailoring to your needs
Let our Legal AI make edits for you
Ask Genie to edit your document in the same way you’d ask a paralegal. Genie makes track changes, and explains its thinking just like a junior lawyer would.
AI review
Can’t find the right template? Create the bespoke agreement in minutes by conversing with our AI and tailoring to your needs
Book your personalised demo now
Similar legal templates
Sub-Contractor Collateral Warranty (To Funder)
This warranty helps to protect the funder's interests by ensuring that they have a direct legal recourse against the sub-contractor in case of any breach of contract or failure to meet the agreed-upon standards. It also provides an additional layer of security for the funder, who may not have direct control over the sub-contractor's contractual obligations.
This legal document clarifies the rights and responsibilities of the sub-contractor, funder, and main contractor, as well as the conditions under which the warranty may be invoked. It may cover various aspects such as the scope of work, quality standards, delivery timelines, payment terms, indemnification clauses, and dispute resolution procedures.
By having a Sub-Contractor Collateral Warranty (To Funder) under UK law in place, all parties involved can have increased confidence and assurance in the successful delivery of the construction project. It provides the funder with added protection and peace of mind, ensuring that they have a legal remedy in the event of any issues arising from the sub-contractor's performance or non-compliance with the main contract.
Publisher
Genie AIJurisdiction
England and WalesTechnology Engineer Contract
This Technology Engineer contract template is designed for a commercial technology engineering organisation (or an individual technology engineer) to use when contracting out their skills and services in exchange for payment. This contract sets out the type of technology engineering and technology-engineering-related services to be completed by the technology engineer on behalf of the client, with consideration for expectations around quality and delivery timescales, as well as any mitigating circumstances. This contract allows for payment to be made by the client to the technology engineering firm or individual technology engineer on a weekly or monthly basis but can easily be edited to account for other payment schedules and could be altered to include bonuses conditional on performance. It can also be fully customised with the details of the two parties and the duration of the contract and can be printed, downloaded and edited freely as part of our mission to open source business legals. This is a template for contractors who fit outside of the UK's off-payroll working rules (IR35).
Publisher
Genie AIJurisdiction
England and WalesTerm Sheet (Atlassian)
The Term Sheet acts as a preliminary agreement or roadmap, laying out the general framework and fundamental aspects of the proposed transaction. It serves as a basis for further negotiations and the drafting of more formal legal agreements, such as a Share Purchase Agreement or Investment Agreement.
This template covers a wide range of important topics and provisions, including but not limited to: the parties involved, their roles, and their respective responsibilities; the structure of the transaction (e.g., stock purchase, asset purchase, joint venture); the purchase price or investment amount, payment terms, and any possible adjustments or earn-out provisions; conditions precedent and subsequent to the transaction (e.g., due diligence, regulatory approvals); representations and warranties made by the parties; limitations on liabilities; the allocation of risks and benefits; dispute resolution mechanisms; confidentiality; and post-transaction matters such as ongoing obligations, non-competition clauses, and intellectual property rights.
By utilizing this legal template, parties can have a clear understanding of the essential terms and conditions of their transaction while ensuring compliance with UK legal requirements. However, it is important to note that this template may require customization to suit the specific circumstances and complexities of each transaction. Therefore, it is advisable to seek professional legal advice to ensure the template is tailored to the unique needs and objectives of the parties involved.
