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. Have a look at our cease and desist letter guidelines and consult with your trademark attorney to advise on your best course of action. Get itsoftwarehardware contract pack that includes this business contract document this trademark cease and desist notification form is included in editable word format that can be. Respond a if you have a basis for doing so, you may respond to the letteremail. A cease and desist letter may well be all you need to put a stop to infringement. Below are steps to help you respond to a cease and desist letter. Normally, cease and desist letter offers a short time frame for an action or response. This trademark cease and desist letter effectively demands that an individual or entity cease use of a registered trademark and url, if applicable. This letter is notice to you that you must immediately cease and desist these activities against and towards me, including, but not limited to, the following.
Attach a copy of the registration information for each mark to the letter as exhibit a to the cease and desist letter. How to analyze a trademark cease and desist letter like a. Substantially identical or deceptively similar, and. Think about how the request will impact you financially and legally.
A cease and desist template will provide someone with help in creating just the right thing to stop unlawful activity. The cease and desist acts as a formal request that the recipient stop cease and not continue desist this behavior. A cease and desist letter is also used frequently in disputes about intellectual property ip. Response to a cease and desist letter for trademark. This critical component is usually phrased to the effect our client has been continuing using their trademark since as early as. But in all candor, you should not be sending the 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. I am in a similar situation and looking to send someone a cease and desist for trademark infringement. A written trademark cease and desist letter will serve as official notification of a trademark infringement and will prove invaluable in the event the matter proceeds to litigation.
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. Sending a cease and desist letter alleging trademark infringement andor dilution will typically trigger. Cease and desist letters january 5, 2010 by james yang once a patent issues, the patentee has a right to demand that others infringing on the claimed invention stop using, selling. Can i do a cease and desist letter to protect my trademark. Reference to any specific organizations, attorneys. The free sample letter supplied here is generic in nature and can be used as template to compile your own letter. This form is a cease and desist letter from a trademark owner to a party that is passing off its goods andor services in canada as. Such letters generally set out the rights of the owner, and instruct the other party in strongly.
The sender and recipient of the cease and desist letter can. If a person or a business is infringing upon your, trademark or patent, you can send a cease and desist letter to inform the recipient about your rights and clear your intention to enforce your rights through appropriate legal means. 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 letter trademark passing off canada summary. Infringement of kayne west mark and other violations. Trademark cease and desist letter free download on upcounsel.
Trademark cease and desist letter company namedateinfringers nameinfringers addressre. Have you received a letter or email about a trademark. The cease and desist acts as a formal request that the recipient stop. Trademark enforcement efforts usually begin with sending a demand letter, also known as a. When writing the letter, it is best to include its registration number search uspto. This critical component is usually phrased to the effect. As you know, on october 6, 2015, the office of the new york state attorney general nyag commenced an investigation of draftkings. A cease and desist letter, also known as infringement letter or demand letter is a document sent to an individual or a business to stop halt purportedly unlawful activity cease and. Cease and desist letter 6 common ways to use one legalnature. Trademark cease and desist letters the complete guide. While registration has many advantages in litigation and otherwise, it is not necessary before you send a cease and desist letter.
General purpose cease and desist letter template form. Cease and desist letter defamation free word download. Lawdepots cease and desist letter template prompts you to select from one of four situations for your letter. Free copyright cease and desist letter to use as template. Harassment cease and desist letter sample, template. You want to demand that another party stop using a trademark that is identical or confusingly similar to your trademark. Respond a if you have a basis for doing so, you may respond to the letteremail and deny.
How to analyze a trademark cease and desist letter like a lawyer. See the resources below for answers to common questions. A cease and desist letter is a preliminary written warning requesting that the other party stop a certain activity cease and not resume it desist. Trademark infringement, unfair competition, or claim of dilution. We recommend that you consult with an attorney before taking any action. The sender and recipient of the cease and desist letter can be either individuals or businesses. Cease and desist letter trademark passing off canada.
The ceaseanddesist letter serves to put the alleged violator on notice of the mark. A cease and desist letter sent from a lawyer carries more weight and has better chances of success. A substantive response to a cease and desist letter should be sent only after investigating the. Feb 12, 20 hi guys, i am in a similar situation and looking to send someone a cease and desist for trademark infringement. 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. 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. Attach a copy of the registration information for each mark to the letter as exhibit a to the ceaseanddesist letter. This letter sets out the trademark, its registration number and how the trademark is being infringed. Cease and desist letter are popular for obvious reason. A pdf of judge montgomerys january 19, 20110rder is here. The termination letter in formal letter sample templates is the best way to stop an. Cease and desist letter of defamation comes into play when a person attempts to defame another character via any of its.
The reason for the letter is often due to the recipients. Keep reading this article on infringement cease and desist letters to learn what one top infringement attorney advises his clients in every case. Free trademark infringement cease and desist letter word pdf. When you discover that your trademark is being infringed, take a stand and request that the use of your trademark stops immediately. This letter demands that infringement of the trademark be ceased or further legal action will be taken.
Should a cease and desist letter be sent from a lawyer. This trademark cease and desist letter can be used as the first communication against potential trademark infringers. A cease and desist is a letter sent to an individual or business that is engaging in unwelcome or illegal behavior. 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. A trade mark lawyer will be looking to determine whether the sign is. An email cease and desist did not do the job, so i believe a letter from a lawyerlaw firm. It is advisable that you take some action immediately.
The purpose of a trademark cease and desist letter is to notify an alleged trademarkinfringer that there is indeed trademark infringement underway and. A demand that the party stop using your trademark and a request for documentation on the plan to avoid infringment if you dont ask them to stop cease and desist, what is the point of the cease and. Furthermore, you should sign the statement below certifying that you will cease using the mark. If the recipient of the letter fails to comply with these demands, the sender should be prepared to take. Pharmacopoeia, official national formulary or official. Cease and desist letter of defamation comes into play when a person attempts to defame another character via any of its operations or speech. This may be the best cease and desist letter ever written. Anyone in uk free cheap cease and desist letter uk. If you have any questions about this letter, please feel free to contact me. Mainly due to variety of circumstances where they can be applied. Those who are looking to create a formal cease and desist letter need help in doing.
Furnishing records to authorized officer on demand citation for. Trademark bullying allegations are in the news again. 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. 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. In case you couldnt tell, this cease and desist letter is about as real as the st. This letter sets out the name of the trademark, its registration number and encloses a copy of the registration certificate. Trademark cease and desist notification form 3 easy steps. Pharmacy lawbook california state board of pharmacy ca. It is also recommended to make the letter sound as scary to the recipient as possible by acting as if a lawsuit is just around the corner. Can i do a cease and desist letter to protect my trademark or. This letter sets out the trademark, its registration number and. This action is unlawful and can lead to punitive actions. While registration has many advantages in litigation and otherwise, it is not necessary before you send a cease and. What should i do if i receive a cease and desist letter. There are people who will directly attack your trademark and those people deserve a very aggressive threat letter.
Wired received a second copy of the letter from, the full text of which weve made available as a pdf. We recommend that you consult with an attorney before. Free trademark violation letter free to print, save. Get itsoftwarehardware contract pack that includes this business contract document this trademark cease and desist notification form is included in editable word format that can be customized in word or by using the included wizard software. To display this page you need a browser with javascript support. The necessary information that is supposed to be in the cease and desist template is as follows. In its simplest definition, a cease and desist letter is a method of communicating to a person your request regarding the discontinuation of any of their action or activity that is harassing you or infringing your rights in any way. 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. Been sued or received a cease and desist letter or email. Free trademark infringement cease and desist letter word. Once you send a cease and desist letter, debt collectors may only contact you one more time in order to tell you that they are in fact ceasing communications with you. A trade mark cease and desist letter is issued when a trade mark infringement occurs.
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. A trademark cease and desist letter asks a third party to stop using a trademark in commerce. Oct 14, 2015 a trade mark cease and desist letter is issued when a trade mark infringement occurs. You should also address and send the letter to the billing contact for the domain name. Cease and desist letter general free template sample. This letter is notice to you that you must immediately cease.
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. Infringement of the registered trademarkdomain markdear infringers name. Failure to do so can lead to a lawsuit, legal action, and fees. This trademark infringement cease and desist letter is sent by the owner of a trademark to an individual or business infringing the trademark. You want to prepare for a meeting with a trademark attorney to discuss a possible infringement of trademark rights. Cease and desist letter for trademark infringement, unfair. A certified cease and desist letter is a letter drafted and signed by a lawyer. Throwing the first legal punch an introduction to cease and. How to analyze a trademark cease and desist letter like a pro. A completed cease and desist template generally threatens legal repercussions in the event that. Pursuant to applicable law, name agrees to immediately cease and desist activity, use of ed marks, use of likenesses, etc. Cease and desist letter templates are readily available online. This letter constitutes a demand that draftkings, inc.
A cease and desist letter is often the most effective way to force debt collectors to stop their harassing phone calls and surprise visits to your home. Trademark cease and desist letter startup law resources intellectual property. Responding to a cease and desist letter for trademark. Whether there is a trade mark infringement is a complex and fact driven legal question. 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. The cease and desist letter you received typically lists the earliest date of priority of use the opposing side can claim for its trademark. Oct 29, 20 in case you couldnt tell, this cease and desist letter is about as real as the st. You need to add the senders name, complete address, and phone number. 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. Trademark cease and desist letter before issuing this trademark cease and desist letter it is important to consider the possible consequences. Mar 01, 2016 the cease and desist letter you received typically lists the earliest date of priority of use the opposing side can claim for its trademark. Whether you send or receive a cease and desist letter, consult an attorney to determine the right course of action for your situation.
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