5. What constitutes a groundless threat and what actions can be taken if one receives such a threat?

5. What constitutes a groundless threat and what actions can be taken if one receives such a threat?

A groundless threat is a threat to sue for infringement where there has been no infringement, or if the right allegedly infringed is invalid.  Under section 26 of the Trade Marks Ordinance, you can apply to the Court for various remedies including a declaration that the threat was unjustifiable, damages for any loss sustained by the threat and an injunction to stop the continuance of the threat.