Groundless threat meaning

An unjustified allegation, typically in a cease-and-desist letter, circular, advertisement or other communication, that proceedings will be brought for patent, trade mark or design infringement. A threat is groundless where, on the facts or law, there is no actionable infringement (for example, the right is invalid or not infringed, or the acts fall outside its scope or territory). In the UK (England & Wales, Scotland and Northern Ireland), “unjustified threats” are governed by the Patents, Trade Marks and Registered Designs legislation, as updated by the Intellectual Property (Unjustified Threats) Act 2017. A communication is a threat if a reasonable recipient would understand it as an intention to sue. Threats to secondary actors (e.g. retailers or distributors) are generally actionable; threats limited to primary acts (such as making or importing) and certain permitted, information-only communications are protected. Anyone aggrieved (not only the alleged infringer) may bring a threats action and seek a declaration, an injunction and damages. In Ireland, comparable statutory actions exist for patents, trade marks and designs; usage and remedies are broadly consistent, though the detailed safe harbours and scope should be checked against the relevant Irish legislation.