112. Groundless threats of legal proceedings
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(1) If a person threatens to bring an action against another person on the ground that the threatened person has infringed—
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(a) a registered trade mark; or
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(b) a trade mark alleged by the person to be registered,
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any person aggrieved by the threat may bring an action, either in the High Court or in any other court having jurisdiction, against the person making the threat.
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(2) The purpose of an action under subsection (1) is to—
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(a) obtain from the court a declaration that the defendant has no grounds for making the threat;
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(b) obtain from the court an injunction restraining the defendant from continuing to make the threat; or
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(c) recover any damages that the defendant has sustained because of the defendant's conduct.
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(3) An action may be brought whether or not the defendant is the registered owner, or an authorised user, of the trade mark alleged to have been infringed.
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(4) The court may not find in favour of the plaintiff if the defendant satisfies the court that—
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(a) the trade mark is registered; and
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(b) the acts of the threatened person in respect of which the defendant threatened to bring an action constitute an infringement of the trade mark.
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(5) An action may not be brought, or if brought may not proceed, under this section if the registered owner of the trade mark, or an authorised user of the trade mark having power to bring an action for infringement of the trade mark, with due diligence, begins and pursues an action against the threatened person for infringement of the trade mark.
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(6) In this Part—
“plaintiff” means the person bringing an action under subsection (1);
“defendant” means the person making a threat and against whom the action is brought under subsection (1);
“threatened person” means the person against whom an action has been threatened under subsection (1).