Best Buy Co Inc and another v Worldwide Sales Corporation Espaňa SL  EWCA Civ 618;  WLR (D) 173
“A person threatened another with proceedings for infringement of a registered trade mark within section 21 of the Trade Marks Act 1994 if he stated or implied that he would bring a claim if the other did not agree to the terms he proposed. The test to be applied was whether a reasonable recipient would understand the statements made to indicate nor merely an assertion of legal rights but an intention to enforce those rights.”
WLR Daily, 24th May 2011
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