Wrongful Threats

In many European jurisdictions (and parts of Asia) threats of litigation that lack a legal basis are unlawful and can be grounds for a suit may be brought for damages. Moreover, many patent and trademark laws (for example in the U.K.) provide for parties threatened with spurious infringement claims to be able to recover damages. The greater economic strength of the party threatening litigation may also be a significant factor in such a suit. The existence of such statutes or statutory provisions should be considered when sending warning letters. In Europe, wrongful threats of litigation to consumers are specifically prohibited under Article 9(e) the Unfair Commercial Practices Directive

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