Potential Claims And Remedies For Naked Truth Ltd

1023 WordsJun 3, 20165 Pages
[Firm Name] [Firm Address] Ref: [Client Reference] Date: 8 October 2015 Ms L Fitzjohn [Client Address] Dear Ms Fitzjohn, Subject: Potential Claims and Remedies for Naked Truth Ltd (“NT”) against Inside Outside plc (“IO”) RE-WRITE using IP exemplar FMT Further to your earlier consultation, I am writing to provide you with details of the potential claims and remedies available to you based upon the information that you gave us. NT has two potential claims of passing off against IO for their use of: - The name ‘Sleeping Naked’ for their bedding; and - The slogan ‘The Whole Truth – No Lies’ However, NT needs to obtain further evidence of its goodwill and more importantly of customer confusion before proceeding with the claims. Summary of Facts: NT manufactures and sells toiletries, fragrances, gift items and linens that are all made from 100% natural agreements and sourced in the UK. The company runs a ‘Naked’ range which includes a new line of hand embroidered linen sheets, pillowcases and duvet covers marketed under the name ‘Sleep Naked’. The marketing department has recently come up with a new advertising slogan ‘Naked Products Don’t Fly’, which follows on from the earlier slogan ‘The Naked Truth – No Lies’. You are concerned that IO, a chain of discount home furnishing stores, is selling embroidered bedsheets and duvet covers under the name ‘Sleeping Naked’ alongside the slogan ‘The Whole Truth – No Lies’. This is a concern as the bedding is made of a polyester/cotton

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