Groundless Threats of Trademark Infringement

Common law statutes often provide for preemptive legal proceedings against groundless threats of trademark infringement. Such laws usually include nuances like that of Section 52 of Pakistan’s Trade Marks Ordinance, 2001 (TMO’01), which says that where a person makes a “threat” to bring a legal action against another person on the ground that the other person has (a) infringed a registered trademark; or (b) infringed a trademark claimed as registered; the person “threatened” may bring preemptive legal proceedings for relief against the person making the threat.