Cease and desist letter – Passing Off

What is a passing off cease and desist letter and when should you use it?

Passing off can have serious repercussions for any business.

This Passing Off Cease and Desist Letter (also known as a “letter of claim” or a “letter before action”) is designed for use as a first step when another party is engaged in passing off.

The main purpose of a cease and desist letter is to put an infringer on notice that their activities are known.

It aims to resolve the matter without recourse to costly and potentially time-consuming litigation.

To help ensure that the infringing party complies with your request, it’s important to give plenty of details relating to your IP right, the work in which it exists, and the alleged infringement.

When providing details and evidence of the alleged passing off, it is important to strike a balance between providing enough detail to support the allegation, but not so much that information is revealed that would place the accuser at a disadvantage.

Evidence of infringement may include, for example, specimens, photographs, marketing materials and other documents.