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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.

Even though a cease-and-desist letter is a non-binding letter and does not have a legal effect, it is primarily sent to the wrongdoer so that it may later be used as evidence in litigation against the wrongdoer if the alleged misconduct is not stopped.

Hourly Rates for Cease-and-Desist Letters ContractsCounsel's marketplace data shows the average hourly rate for a cease-and-desist letter lawyer ranges from $200 - $350 per hour.

While it is likely the person writing the cease and desist letter will say they will pursue legal action, and they may even genuinely have plans to do so, getting a cease and desist letter does not mean you will definitely be sued.

A Valid Trademark is Required BEFORE Sending a Cease and Desist Letter. A trademark may be a name, logo, slogan, motion, or sound which when used in conjunction with the sale of a good or service, serves as a source identifier and distinguishes the proprietor of the trademark from its competitors.

If you ignore it, the attorney who sent the letter will eventually file a lawsuit in federal court against you for trademark infringement and/or copyright infringement. This action may not happen right away.

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.

If you're not sure how to send a cease and desist letter, it is actually quite simple. Once written, you can send a C&D via email, mail, or even in person. Sending it by certified mail is a good option because it requires a signature from the recipient, so you'll know when they receive it.

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I could not mail the cease and desist letter to a person. Defamation, Slander, and Libel; Trademark Infringement; Copyright Infringement; Patent Infringement; Harassment; Debt Collection; Breach of Contract.United States. Congress. Senate. Select Committee on Small Business.

Montgomery Maryland Trademark Cease and Desist Letter

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