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Trademark infringement is defined as the unauthorized use of a trademark or service mark. This use can be in connection with goods or services and may lead to confusion, deception, or a misunderstanding about the actual company a product or service came from.
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.
Louis Vuitton v. Louis Vuitton, the fashion designer, won the infringement case against Louis Vuiton Dak, the South Korean fried chicken restaurant; the court ruled the restaurant's name and logo are too similar to the designer's brand.
I hereby demand that [Infringing Party] (1) cease and desist from any further use of the [Photograph], and (2) provide an accounting of all of [Infringing Party]'s uses of the [Photograph] and any other [photographic image] to which I hold the copyright. Cease and Desist Letter - Priori Legal priorilegal.com ? legal-forms-and-documents priorilegal.com ? legal-forms-and-documents
Some instances of infringement are clear. If, for example, you have a jewelry company with a trademarked name of Romantic Stones, and another company comes along and starts selling jewelry under the name Romantic Stones, you have a pretty clear-cut claim for trademark infringement on your hands.
The purpose of a Trademark Cease and Desist letter is to notify an alleged trademark-infringer that there is indeed trademark infringement underway and stipulate the trademark holder's demands and threats if those demands are not met. Trademark Cease and Desist Letters - The Complete Guide Cohn Legal, PLLC ? trademark-cease-and-desis... Cohn Legal, PLLC ? trademark-cease-and-desis...
How to Write a Trademark Infringement Cease and Desist Letter Step 1 ? Fill Out the Letterhead & Delivery Information. ... Step 2 ? Include the Details of the Infringement. ... Step 3 ? Show Proof of Your Trademark Rights. ... Step 4 ? Provide a time frame for the infringing party to stop using the trademark.
Brand infringement could include an online retailer selling electronics and using a name, logo, or design similar to that of Apple, which might lead consumers to believe they are purchasing products directly from Apple or an authorized reseller.
What is a cease and desist letter/email? A cease and desist (or demand) letter/email is correspondence that states or suggests that you are potentially infringing the trademark of another and demands that you stop using, or consider stopping use of, the accused mark.
What happens if you do find someone infringing on your mark? Usually, all it takes is a cease-and-desist letter to let the infringer know. If that doesn't work, you have the right to file a trademark infringement lawsuit to vindicate your rights when necessary. How to Defend Your Logo Trademark from Infringement - Tailor Brands tailorbrands.com ? blog ? logo-trademark-in... tailorbrands.com ? blog ? logo-trademark-in...