Is the apprehension of a threat by a “reasonable businessman” different from a “reasonable person”?
In Best Buy Co. Inc v Worldwide Sales Corporation España S.L. [2010] EWHC 1666 (Ch), the High Court of Justice (UK) had to consider whether a statement made in the course of negotiations constituted a “threat of legal proceedings” under section 21 of the Trade Marks Act 1994 (UK) (“the Act”). This section provides that, in certain circumstances, a party may seek relief from the court where a person “threatens another with proceedings for infringement of a registered trade mark”. There are similar such provisions in Australia.