How do I stop someone from using my trademark?
Filing a Trademark Lawsuit The attorney may request that the court force the infringer to stop using the trademark and request that the court order money damages ingly.
How do you write a good cease and desist letter?
How do you write a Cease and Desist Letter? Names and addresses of both parties, and phone numbers if available. Description of activity that prompted the letter. Days they will have to respond to the letter before legal action is taken. Documents, images, or other proof of harassment or infringement.
Can you control who uses your trademark?
Infringement of trademark occurs when any person uses the trademark in an unauthorised manner. When someone uses the trademark of an individual or company without their permission, the individual/company can file a suit for trademark infringement to prevent the unauthorised usage of their trademarks.
How to respond to a cease and desist letter trademark infringement?
Responding to a cease and desist letter Having your attorney write a response letter to try bargaining with the other trademark owner for continued use of the name. Asking the other party for more information, including seeing their trademark to evaluate whether they have a legitimate claim.
Can you send a cease and desist for a trademark?
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. You should treat any such letter/email seriously.
What happens if someone uses a trademark without permission?
Trademark infringement is prosecuted under civil laws, and is not a criminal act. Instead, lawsuits over trademark infringement will usually require you to stop using the trademark, and you may have to return any profits made off of the infringing use, or pay money damages for the use of the trademark.
How to write a cease and desist letter for trademark infringement?
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].
How to write a cease and desist letter for copyright infringement?
I demand that you immediately cease the use and distribution of all infringing works derived from the Work, and all copies, including electronic copies, of same, that you deliver to me, if applicable, all unused, undistributed copies of same, or destroy such copies immediately and that you desist from this or any other
How do I tell someone to stop using my trademark?
Send a Cease-and-Desist Letter 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.
Do you have to send a cease and desist before suing for trademark infringement?
Trademark Cease and Desist: Everything You Need to Know. Updated November 18, 2020: A trademark cease and desist letter asks a third party to stop using a trademark in commerce. Failure to do so can lead to a lawsuit, legal action, and fees.