Brands Update: reforming UK threats laws
The idea that by threatening to take action against someone who is infringing your trademark you yourself could be sued often strikes brand owners as odd. This longstanding feature of UK trademark law (as well as patent, registered and unregistered design law) is intended to prevent threats being made against intermediaries, such as retailers, who have little incentive to fight and will often just concede while relying on indemnities from their suppliers. While few countries have explicit laws around threats, there is in fact a similar risk in many other European countries, under unfair competition laws…
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