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Goodwill Dispute Letter Template for England and Wales

A Goodwill Dispute Letter is a formal legal communication under English and Welsh law that addresses alleged infringement of business reputation, brand value, or trading name. It sets out the grounds for complaint, evidence of existing goodwill, details of the alleged infringement, and demands for specific remedial actions. The document serves as a crucial first step in protecting intellectual property rights and can be used as evidence in subsequent legal proceedings if necessary.

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What is a Goodwill Dispute Letter?

A Goodwill Dispute Letter is essential when a business believes its established reputation or brand value is being unfairly exploited or damaged by another entity. It is commonly used in England and Wales as an initial step before pursuing formal legal action. The letter should clearly establish the sender's goodwill rights, detail the specific infringement, and propose resolution terms. This document type is particularly important as it fulfills the pre-action protocol requirements under English law and demonstrates reasonable attempts to resolve the dispute before court proceedings. The letter typically includes evidence of established goodwill, details of the alleged infringement, and specific demands for resolution.

What sections should be included in a Goodwill Dispute Letter?

1. Introduction and Context: Brief overview of the dispute and parties involved, including sender and recipient details

2. Factual Background: Chronological explanation of events leading to the dispute and establishment of goodwill

3. Legal Basis: Specific legal grounds for the complaint including relevant legislation and case law

4. Evidence of Goodwill: Documentation and explanation of existing reputation and business value

5. Specific Complaints: Detailed description of the alleged infringement or dispute

6. Demanded Action: Clear statement of required remedial actions and timeline for compliance

7. Timeline for Response: Specified deadline for reply and consequences of non-response

What sections are optional to include in a Goodwill Dispute Letter?

1. Previous Correspondence: Reference to prior communications between parties regarding the dispute

2. Alternative Dispute Resolution: Proposal for mediation or other ADR methods to resolve the dispute

3. Financial Impact: Details of financial losses and damage to business resulting from the dispute

What schedules should be included in a Goodwill Dispute Letter?

1. Evidence Bundle: Supporting documentation of goodwill and evidence of infringement

2. Timeline of Events: Chronological list of relevant events and communications between parties

3. Financial Documentation: Evidence of financial impact or business value affected by the dispute

4. Market Research: Evidence of market presence, reputation, and customer recognition

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

England and Wales

Document Type

Dispute Letter

Cost

Free to use

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