What is this document?
This Cease & Desist Letter seeks to prevent a party from using another party’s registered trademark without permission.
When would I use this document?
This Cease & Desist Letter would be used where a party (i) has registered a trademark, (ii) has noticed another individual, corporation or other entity using the registered trademark without permission, and (iii) would like the infringing party to stop using the trademark.
A Cease & Desist Letter is often used prior to taking legal action against such infringing party. This particular letter would be used where the infringing party did, at some point, have a license to use the registered trademark, such as through a Consulting Agreement or a Distribution Agreement.
Who Signs this Agreement?
This letter will be signed by an authorized representative of the party seeking to prevent the trademark from being used without permission.
More details about this document
While a Cease & Desist Letter may contain a variety of information and demands depending on the circumstances, there are certain facts that are important to include. In general, it is best to provide as much detail about the trademark infringements as possible, such as dates, times, locations, and, if on a website, screenshots of the infringements being referred to in the Cease & Desist Letter.
It is also important to include details about the infringing party’s original license to use the trademark, and why that license is no longer in effect.
What are the core elements of this document?
The core elements of the letter include: identification of the registered trademark, details regarding the alleged infringements, details regarding the original license to use the trademark, and consequences for failure to stop using the trademark.
A Cease & Desist Letter may also include any number of appendices, typically visual evidence of the trademark infringements being referred to in the letter. If applicable, the agreement under which the license to use the trademark was granted, such as the Consulting Agreement or Distribution Agreement, can be appended to the Letter.
Related Documents
- Contractor/Consulting/Services Agreement - this type of agreement can have various names, and is used when a person is paid to provide services but is not hired as an employee. This agreement can specify whether a license to use the trademark was granted or not.
- Distribution Agreement - an agreement for the distribution of products, to be used if a party is both referring clients and distributing the other party’s products. This agreement can specify whether a license to use the trademark was granted or not.