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!