Trademark Cease and Desist Letter

A "trademark" is a word, design or combination used by an individual or a business to identify its goods or services. In some cases a trademark can also be a sensory mark--a sound, a color or a smell. While marks identifying services rather than goods are technically referred to a "service marks" we will use the term trademarks to include service marks. Trademarks protect names used to identify goods (or services) and their source of origin.

Remedies available for infringement of a trademark:

" Owner may ask the appropriate court to grant a Temporary Restraining Order and a Preliminary or Permanent Injunction to prevent and/or stop further infringement.
" Infringing items or articles can be impounded while the action is pending and may be ordered destroyed or subject to other disposition if there is an infringement.
" An infringer can be liable for actual damages plus additional profits of the infringer or statutory damages.
" An infringer could be held liable for injury to business reputation or the dilution in the value of the copyright, patent, or trademark. Costs and attorneys' fees sometimes also may be awarded to the prevailing party.

Damages are calculated as follows:

" Actual damages, including lost profits, and injury to reputation. (While the Court has the discretion to double or triple this award if it deems it appropriate in the interests of justice, such awards are not frequently made.) or;
" Defendant's profits (plaintiff need only prove defendant's gross sales, which will be awarded in their entirety unless defendant proves deductions for costs),
" Attorney's fees, plus
" Post-Judgment Interest