Missouri Cease and Desist Letter For Trademark Infringement in Internet Domain Name

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This sample form, a detailed Cease and Desist Letter For Trademark Infringement Internet Domain Name document, is for use in the computer, internet and/or software industries. Adapt to fit your circumstances. Available in Word format.
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FAQ

For most business owners, lawsuits are rarely the optimal first move. A more efficient first step is to send what intellectual property attorneys call a cease-and-desist letter. This is essentially a demand letter, addressed to the trademark infringer, succinctly and clearly explaining the infringement.

Every cease and desist letter requires the same basic contents, such as: Your name and address. The recipient's name and address. A demand that the recipient stop the unlawful behavior. Sending the letter via certified mail, return receipt requested.

Send a Cease-and-Desist Letter Legal experts recommend sending a cease-and-desist letter as your first act of defense. This is a formal demand for the infringer to stop using your mark, specifying the infringing use and how it violates your rights as a registered trademark holder.

Dear [Infringer's Name]: We have recently discovered that your business is using the mark [mark/domain] for your service or product. We believe your use infringes on our ownership of the [registered trademark/domain] mark. We learned of your use of the same or similar [mark/domain] mark on [date].

The elements of a cease and desist letter are rather simple: Include your name and address. Include the recipient's name and address. Demand the recipient to stop the harassment. Send it via certified mail, return receipt requested.

Cease and desist letters can take many forms (here is one example), but there are six essential components. Proper address of infringing party. ... Proof of your trademark rights. ... Details of the infringement. ... Reasonable time frame for infringing party to respond. ... Demand for written assurance of compliance.

The cease and desist letter should include a clear and concise description of the harassing or offending behavior. The letter should also include the amount of time you are giving the recipient to remedy the issue and possible consequences. Remedying the issue typically means stopping the unlawful action.

How to write a cease and desist letter The date of the letter. Your name and contact information. Description of your brand and trademark. A statement of what the offending party is doing wrong and that you worked hard to create your brand, which you must protect. What the offending party needs to do now.

The cease and desist letter should, at a minimum, include the following key provisions: The name of the trademark owner. The trademark and its registration number. A description of the trademark owner's rights. A description of the infringer's activity on the trademark.

Anyone can send a cease and desist letter. An attorney does not have to be involved. However, an attorney can advise complainants on whether their rights have been violated and if they have legal and meritorious rights to send a cease and desist letter.

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Missouri Cease and Desist Letter For Trademark Infringement in Internet Domain Name