The other party sends you a cease and desist letter alleging a date of first use in Similar enough to create confusion? Summary In conclusion, if you receive a cease and desist letter demanding that you cease use of a trademark do not, under any circumstance, call the accuser or their counsel while still dealing with the emotions the allegations have evoked.
In my opinion, the best strategy is to lay low until you have received registrations for your intellectual property and then send out letters to people who are clearly violating your intellectual property rights. In this regard, the less similar the marks are the less likely infringement will be found.
Content Trademark cease and desist letters often follow a common pattern and flow and, with respect to issues that commonly arise, may be based on a template. Potential for negative social media response.
In such circumstances, a more aggressive tone and stance may be warranted. It also shows them that you are serious about the claim and closely monitoring the situation. So never assume just because you receive such a letter the other party retains priority of use. Any of these individuals or entities may receive a cease and desist letter if they are engaged in infringement.
In the alternative, if the opposing party uses television and major magazine advertisements to promote their goods yet yours are sold exclusively by door-to-door salespersons then the factor will favor you. However, to which person s the letter should ultimately be addressed depends on various efficiency-based considerations.
Tone A number of considerations may inform the tone of a cease and desist letter, including: Not only will they be able to determine your rights and liabilities in the matter, but counsel can also discuss the matter with opposing counsel without the same being used as admissions against your interests.
In most instances the marks are not identical. The next part of the analysis focuses on the traditional elements of infringement. In some circumstances, your client may wish to allow for a phaseout period i.
Allowing your emotions to take control, you decide to pick up the phone and call the lawyer who wrote the letter to explain how there is simply no infringement here.Whether infringement is intentional or not, a Trademark Violation Letter can help you protect the products and positioning you've developed.
The letter asserts your claim to the trademark, and lets others know they're infringing on your rights. TRADEMARK CEASE AND DESIST LETTER [COMPANY NAME] [Date] [Infringer’s Name] [Infringer’s Address] Re: Infringement of the [registered trademark/domain] mark.
Dear [Infringer's Name]: We have recently discovered that your business is using the mark [mark/domain] for your service or product.
A Cease and Desist can be used if you are being harassed or bullied at work 2. Cease Trademark Infringement Letter Click to expand sample.
A trademark is usually a name, word, phrase, logo, symbol, design, or image that helps people identify a product or service with a particular person or organization. A Cease & Desist Letter is often times the first step to asking an individual, or a business, to stop an illegal activity.
The purpose of the letter is to threaten further legal action if the behavior does not stop. With this basic understanding of trademarks in hand, one of the initial steps in evaluating any cease and desist letter is to determine who has priority of use (i.e., who used their trademark first) as between the respective trademarks at issue.
Drafting a Trademark Cease and Desist Letter Posted on By: Roberta Jacobs-Meadway and Roger LaLonde, ECKERT SEAMANS CHERIN & MELLOTT, LLC BEFORE SENDING A TRADEMARK CEASE AND DESIST LETTER on behalf of a client, it is imperative to conduct due diligence and to carefully consider the content and tone of the letter.
Such letters .Download