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Trademark Attorney Minneapolis | Cease and Desist Letter: Minimum Format

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Most trademark lawyers in Minneapolis recommend that a cease and desist letter regarding trademark violation should contain, at the very minimum, the following components:

1. Trademark Owner’s Identity

The cease and desist notice should identify who is the trademark owner. If the letter is being drafted by a trademark owner’s representative, then representative should identify in the letter himself and his relation to the trademark owner.

2. Trademark

The letter should state clearly the trademark that the owner believes is being violated. If the trademark is formally registered with the United States Patent and Trademark Office or a relevant state or foreign government authority, then provide the registration number in the letter. It is a good idea to attach a copy of the registration certificate to the letter.

3. Notice of Violation

The letter should explicitly state that the recipient violated the trademark owner’s rights. One of the primary purpose of a cease and desist letter is to give notice, and, usually, the best way to do so is to state it clearly.

4. Description of Violation

The cease and desist notice should explain how the recipient violated the trademark owner’s rights. Usually, a general statement briefly describing the nature of the violation is sufficient. There is no reason to provide a detailed violation of the account for two reasons. First, it is not a good idea to divulge too much information to the other side. Second, a overly-detailed account of violation may actually weaken the trademark owner’s case by stating facts which the other side can prove to be wrong.

Nevertheless, in some situations, describing a violation in an attached trademark complaint may be highly beneficial to the trademark owner’s case, demonstrating the seriousness of his intentions and his confidence in the case. This strategy should be discussed with a trademark attorney in Minneapolis.

5. Description of the Trademark’s Strength

If there are favorable facts that augment the perceived strength of the owner’s trademark, then it may be beneficial to briefly state them in the letter. This is especially true if this a descriptive trademark that acquired distinctiveness through a long period of use and promotion. Again, a trademark lawyer should determine how to pursue this strategy.

6. Trademark Owner’s Demands

The cease and desist letter should set the demands of the trademark owner. Demands may vary greatly depending on the circumstances of a case, but there are some fairly common ones, such as:

a) Cease and desist all illegal activity;
b) Promise in writing not to violate the trademark in the future; and
c) Destruction of infringing materials.

7. Deadline

The cease and desist notice should state the deadline for a written response to the letter. The deadline should give the recipient a fair chance to comply with the trademark owner’s demands. Usually, Minneapolis trademark lawyers use a period between seven and thirty days.

Conclusion

The above-mentioned components merely constitute a basic skeleton of a cease and desist letter. Putting the “meat on those bones”, however, is an art rather than a science: more components can be added, certain arguments may be emphasized, others ignored, wording must be selected very carefully keeping in mind a highly probable litigation in the near future, and countless number of other considerations should be taken into account. Remember, a cease and desist letter is more about advocacy and negotiation, rather than simply giving notice.

This is why you should retain a Minneapolis trademark attorney to write a cease and desist letter for you. Sherayzen Law Office can help! We can draft a proper cease and desist letter, help negotiate a settlement, and litigate the case for you.

Call us NOW to discuss your trademark case with an experienced trademark attorney!

Trademark Attorney in Minnesota: Cease and Desist Letter and Trademark Enforcement

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Prior to engaging in expensive trademark litigation, it is common for Minnesota trademark lawyers to send the violating parties a notice of infringement, demanding that the violators comply with certain demands of the trademark owner and threatening lawsuit otherwise.  This notice is usually called “cease and desist letter”, because it demands that the violator: ceases his trademark infringing activities and promises to desist from future trademark infringement.

Cease and Desist Letter is a very useful pre-litigation tool.  Three factors are usually cited by trademark lawyers in Minnesota to support the usefulness of a cease and desist notice.  First, the letter provides notice to the recipient that he is in violation of the sender’s trademark violations.  This means that, if the recipient persists in his illegal activity, his actions are very likely to be regarded as “intentional”, opening up a host of new legal claims and larger penalties.  Moreover, the trademark owner can subsequently argue that he has done everything he could to end this case amiably and it was the violator who did not want to stop his illegal acts. Second, the letter gives the recipient a chance to stop his infringing activities without paying the costs of an expensive trial and, ultimately, paying a hefty penalty.  Third, the letter is also a chance for the trademark owner to enforce his rights without going through an expensive trial with (depending on the facts of the case) less than certain outcome.   Fourth, the recipient of the letter (unless he is sure of his innocence and wants to go straight to trial) is likely to feel compelled to produce some sort of response to the letter.  This response may be a good way for the trademark owner to assess the strength of the other side’s case.

The format of a cease and desist letter may vary wildly in substance as well as style. In fact, while a certain minimum format is commonly used, the content and style of writing a cease and desist letter depends greatly on the circumstances of a case and is more of an art, than science.

Sherayzen Law Office can help you enforce your trademark rights.  We can help you draft “Cease and Desist Notice”, negotiate the settlement with the party, and litigate your case in court.

Call us NOW to discuss your case with an experienced trademark attorney!