Letter · Intellectual Property — Patents, Trade Marks, Copyright, Designs

IP infringement letter of demand (trade mark, copyright, design, patent) with unjustified-threats check

Modular letter of demand for registered trade mark, copyright, registered design or patent infringement, with a pre-sending checklist to manage the statutory unjustified-threats actions in each Act.

Kind
Letter. A letter or email you adapt and send.
Where it applies
Australia
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
17 October 2026
Status
Maintained. Checked against the cited sources on 17 October 2026.
Version
1
Source
Written for this library

When to use it

Use when the client has a right that has been checked against the register or chain of title, and the alleged infringing conduct has been documented. Do not send until the threats checklist is complete; consider whether a softer first letter or a without prejudice approach is better.

How AI may be used

AI may draft the letter from a registration extract or chain-of-title summary the lawyer has already checked, and build the evidence schedule. The infringement analysis and the decision to send are the lawyer's, because an unjustified threat exposes the client to damages.

AI may

  • Draft the letter from the registration extract, the accused use and the remedy and deadline the lawyer has named.
  • Build a schedule of the infringing items with dates, URLs and screenshots for the evidence file.
  • Check each registration number, owner and class in the letter against a fresh extract.

AI must not

  • Must not assert infringement, validity or ownership that the lawyer has not confirmed.
  • Must not add threats against customers, retailers or platforms without the lawyer's decision.
  • Must not generate case citations for the letter.

The lawyer checks

  • The threats checklist is complete and signed off.
  • The right is current, owned by the client (or the client is an exclusive licensee with standing), and the conduct falls within it.
  • The demands are proportionate and the deadline is realistic.

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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