This variation of a cease and desist letter is specific to cases involving a trademark infringement. A cease and desist letter for a nondisclosure violation is the first volley in a trade. Sending a cease and desist letter alleging trademark infringement andor dilution will typically trigger. This letter sets out the trademark, its registration number and how the trademark is being infringed. For instance, you receive a cease and desist letter and are of the opinion that there is no likelihood of confusion between the marks. You want to prepare for a meeting with a trademark attorney to discuss a possible infringement of trademark. See the resources below for answers to common questions.
We have recently discovered that your business is using the mark markdomain for your service or product. Protecting small businesses against trademark bullying digital usd. A carefully written cease and desist letter is a very powerful tool in the enforcement of intellectual property protection. Cease and desist letter are popular for obvious reason. Free cease and desist letter for nda violation pdf. Cease and desist trademark infringement free template. How to analyze a trademark cease and desist letter like a lawyer. The best way to avoid receiving a trademark cease and desist letter is to take the proper steps at the beginning of the trademark process, once you begin or intend to begin using your mark. Cease and desist letters, also known as warning letters, often prove themselves. A cease and desist letter is also used frequently in disputes about intellectual property ip. A trade mark is an exclusive right over the use of a sign in relation to the goods. We recommend that you consult with an attorney before taking any action. Cease and desist letters can be used if someone slanders your name either in print, verbally, or otherwise, that affects your ability to engage in gainful activity. A cease and desist infringement letter is a document used to inform someone in writing that they are required to stop using material that is ed to another person.
Like the furious demand, the softball demand is light on facts. When writing the letter, it is best to include its registration number search uspto. Trademark cease and desist letter company namedateinfringers nameinfringers addressre. Cease and desist template use this template created by the tas community. I, infringers name, personally, and on behalf of infringing company, if any, agree to immediately cease and desist from any and all further use of registered trademark domain.
Trademark cease and desist letter free download on upcounsel. How to use cease and desist letters to protect your rights. Drafting cease and desist letters for ip infringement. Copyright infringement letter trademark infringement letter. Brewery a letter demanding that rock art cease and desist its use of. You should also address and send the letter to the billing contact for the domain name. Respond a if you have a basis for doing so, you may respond to the letteremail and deny. You want to demand that another party stop using a trademark that is identical or confusingly similar to your trademark. The letter serves to point out wrongdoing on the part of another person or entity with a legal justification. The termination letter in formal letter sample templates is the best way to stop an activity whose lifespan is over or in violation of your legal rights. Reference to any specific organizations, attorneys.
Such letters generally set out the rights of the owner, and instruct the other party in strongly worded terms to cease use of the trade mark complained of, while threatening actions for trade mark infringement and or passing off. A cease and desist letter is a letter sent to an individual or business that is engaging in unwelcome or illegal behaviour. Cease and desist letter general free template sample. This action is unlawful and can lead to punitive actions. Normally, cease and desist letter offers a short time frame for an action or response. The reason for the letter is often due to the recipients infringement on the senders legal rights or some issue related to ownership of intellectual or ed property. A trade mark lawyer will be looking to determine whether the sign is. Document 4082a access to this document and the leaplaw web site is provided with the. Trademark owners could also avoid the prospect that the accused infringers suit in response to the cease and desist letter would proceed in the unfavorable forum by sending a hard cease and desist letterone that included a direct threat of imminent litigation in the trademark owners forum. Failure to do so can lead to a lawsuit, legal action, and fees. If the recipient of the letter fails to comply with these demands, the sender should be prepared to take further legal action to stop the behaviour that is harming or interfering with the senders rights and abilities to. This can be attributed to a variety of reasons, including the myriad of ways in which one. Infringement of the registered trademark domain markdear infringers name.
It is sent to those persons or companies who have breached the nda or violated trade secret laws for example, a competitor who has bribed an exemployee to breach the nda. Keep reading this article on infringement cease and desist letters to learn what one top infringement attorney advises his clients in every case. Anyone in uk free cheap cease and desist letter uk. This letter constitutes a demand that draftkings, inc. Before issuing this trademark cease and desist letter it is important to consider the possible consequences have a look at our cease and desist letter guidelines and consult with your trademark attorney to advise on your best course of action your trademark name will replace firstcat on the sample letter. Trademark or copyright infringement cease and desist letter. Free trademark infringement cease and desist letter word pdf. Cease and desist letter defamation free word download.
The cease and desist acts as a formal request that the recipient stop cease and not continue desist this behaviour. If youve received a cease and desist letter, it is important to respond. A cease and desist letter sent from a lawyer carries more weight and has better chances of success. Trademark cease and desist letter before issuing this trademark cease and desist letter it is important to consider the possible consequences. Whether there is a trade mark infringement is a complex and fact driven legal question.
Cease and desist letters have become increasingly popular in recent years, particularly in cases of harassment. If a person or a business is infringing upon your, trademark or patent, you can send a cease and desist letter. Trademark or copyright cease and desist letter attorney services. Have a look at our cease and desist letter guidelines and consult with your trademark attorney to advise on your best course of action. Cease and desist letter for trademark infringement, unfair. Hi guys, i am in a similar situation and looking to send someone a cease and desist for trademark infringement.
Your use of trademark and trademark is a violation of trademark owners common law trademark rights, common law service mark rights, and trade name rights, and this letter constitutes trademark owners demand that you cease and desist. This letter sets out the name of the trademark, its registration number and encloses a copy of the registration certificate. How to analyze a trademark cease and desist letter like a pro. To display this page you need a browser with javascript support. Cease and desist letter to stop debt collection calls. A trademark is a way of identifying a unique product or service such as a brand, a logo, letter, number, phrase, word, sound, smell, shape, picture, movement, type of packaging, or some combination of these.
This letter demands that infringement of the trademark be ceased or further legal action will be taken. This trademark cease and desist letter effectively demands that an individual or entity cease use of a registered trademark and url, if applicable. The trademark cease and desist is a letter that is issued by an individual or entity to a party that is in infringing upon their federally registered trademark. This may be the best cease and desist letter ever written. An email cease and desist did not do the job, so i believe a letter from a lawyerlaw firm with a verifiable law firms name might be a better option. Cease and desist letter of defamation comes into play when a person attempts to defame another character via any of its operations or speech. Trademark cease and desist letter startup law resources intellectual property. A cease and desist letter is a document that gets sent to an individual or a business in order to stop some activity. When you discover that your trademark is being infringed, take a stand and request that the use of your trademark stops immediately. Oct 29, 20 in case you couldnt tell, this cease and desist letter is about as real as the st. Manual of examining procedure tmep, which is an excellent resource for the trademark. A pdf of judge montgomerys january 19, 20110rder is here. For sample letters, see standard documents, restrictive covenant cease and desist letter to former employee w0025174 and restrictive covenant cease and desist letter. Even if you decide to send a cease and desist letter, you still need to set the right tone, emphasize the right leverage and make the right initial demands.
Furthermore, you should sign the statement below certifying that you will cease using the mark. A cease and desist letter is usually sent to a party engaging in an illegal act, directing that party to cease and desist the illegal act. Mainly due to variety of circumstances where they can be applied. A casebook on the enforcement of intellectual property rights wipo. This letter is in response to the many phone calls i have been receiving from you. Trademark infringement, unfair competition, or claim of dilution. Responding to a cease and desist letter for trademark. You may not set out to sabotage your case, but if you are not savvy to all of the insandouts of trademark law responding to a cease and desist letter without assistance of seasoned counsel can be rife with peril. Oct 14, 2015 a trade mark cease and desist letter is issued when a trade mark infringement occurs. Is cease and desist for amazon seller selling against my. Aug 31, 2012 my name is trademark infringement attorney enrico schaefer, and today were going to talk about the dos and donts of sending a trademark cease and desist letter.
As you know, on october 6, 2015, the office of the new york state attorney general nyag commenced an investigation of draftkings. To help you save time, you can use cease and desist letter. Been sued or received a cease and desist letter or email. A trademark cease and desist letter asks a third party to stop using a trademark in commerce. This letter sets out the name of the trademark, its. Our site uses cookies and data tracking to better your experiencesee how in our privacy policy. If you are a trademark registration owner and youve found an infringer, its important you tell them to stop. When should you consider writing a cease and desist letter. The letter will serve as a warning that if the recipient does not discontinue the specified action according to the terms described, the recipient may be sued. This trademark cease and desist letter can be used as the first communication against potential trademark infringers. The letter may warn that if the recipient does not discontinue specified conduct, or take certain actions, by deadlines set in the letter. Cease and desist copyright infringement letter form.
Free trademark infringement cease and desist letter word. We believe your use infringes on our ownership of the registered trademark. Having a lawyer draft your cease and desist letter is beneficial for some of the following reasons. Negotiate with the owner to find a formula that allows you to continue using. Whether you send or receive a cease and desist letter. A cease and desist letter for a nondisclosure violation is the first volley in a trade secret dispute. Free trademark violation letter free to print, save. I, infringers name, personally, and on behalf of infringing company, if any, agree to immediately cease and desist from any and all further use of registered trademark. The company also owns trademarks associated with its business, a sample of which is attached to this letter for your reference registered with the united states patent and trademark office with the registration number u.
This letter is sent to an individual or business engaging in actions that infringe your trademark rights e. Mistakes to avoid when writing cease and desist letter. Throwing the first legal punch an introduction to cease and. Cease and desist letter uk template make yours for free. There are people who will directly attack your trademark and those people deserve a very aggressive threat letter. Below are steps to help you respond to a cease and desist letter. One of the best ways of lowering your chances of receiving a cease and desist letter comes right at the outset of the process. However, a cease and desist letter could be sent to an accomplice, who may be unknowingly aiding or abetting the illegal act. May also be referred to as a cease and desist letter. Trademark in connection with its intellectual property rights.
A cease and desist letter is a letter that requests an individual or organization stop cease an action and refrain desist from doing it again in the future. Here is a cease and desist template that i have successfully used on amazon hijackers. Free cease and desist letter for nda violation pdf word. Cease and desist letter to stop debt collection calls todays date your name your address collectors name collectors address re. Whether you send or receive a cease and desist letter, consult an attorney to determine the right course of action for your situation. Name and trademark violation dear offending seller, it has come to our attention that your company is using the your brand andor the your company name and trademark to sell products on the amazon. Some trademark cease and desist letters emails are sent in the hope that some recipients will be misled or intimidated into stopping or paying for use even though they do not need to do so. Mar 01, 2016 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. Usually, the person holding the or their agent or legal representative sends the letter to the offending party and demands that they stop using the. Because there are several ways to respond to a cease and desist letteremail, and these options may each have significant legal ramifications, we recommend that you consult an attorney experienced in trademark disputes.
If you have any questions about this letter, please feel free to contact me. Attach a copy of the registration information for each mark to the letter as exhibit a to the cease and desist letter. This is an extremely effective defense to an allegation of infringement insofar as if you can. Not doing so can result in the loss of your trademark rights. It is advisable that you take some action immediately.
A substantive response to a cease and desist letter. Writing a cease and desist can be a timeconsuming process. These cease and desist letter samples are widely used now a days in order to stop any unwanted activity and to notify other party that their particular activity is bothering you. My name is trademark infringement attorney enrico schaefer, and today were going to talk about the dos and donts of sending a trademark cease and desist letter. Draftkings cease and desist from illegally accepting wagers in new york state in connection with daily fantasy sports. Those who are looking to create a formal cease and desist letter need help in doing that if they are going to complete the job in a good amount of time. The information presented on this site does not constitute legal advice. Trademark bullying allegations are in the news again. What should i do if i receive a cease and desist letter. A cease and desist template will provide someone with help in creating just the right thing to stop unlawful activity. Jun 02, 2014 you may not set out to sabotage your case, but if you are not savvy to all of the ins and outs of trademark law responding to a cease and desist letter without assistance of seasoned counsel can be rife with peril.
A cease and desist letter is a document sent to an individual or business to stop purportedly illegal activity cease and not to restart it desist. The softball demand is almost the antithesis of the furious demand. Have you received a letter or email about a trademark. Substantially identical or deceptively similar, and. Below is a simple template for a trade secret cease and desist letter. For instance, you receive a cease and desist letter. Should a cease and desist letter be sent from a lawyer. Think about how the request will impact you financially and legally. This cease and desist letter should be used in cases of trademark infringement. You will need a cease and desist letter when you want the recipient to stop the. Therefore, defamation cease letters are directed to the attorney to. A certified cease and desist letter is a letter drafted and signed by a lawyer. This trademark infringement cease and desist letter is sent by the owner of a trademark to an individual or business infringing the trademark.
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