Too many companies and too many trademark lawyers simply send out trademark infringement cease and desist letters as a matter of course. They don’t, as good attorneys or good companies, or good stewards of the trademark system, stop and think about who they’re sending the letter to. Sometimes people aren’t intentionally infringing your trademark at all, and sometimes there are legitimate reasons why people have registered a similar domain name, or used a similar company name, or have otherwise done something, which you believe is too close to your trademark.
My name is Trademark Infringement Attorney Enrico Schaefer, and today we’re going to talk about the do’s and don’ts of sending a trademark cease and desist letter. The deal here is this. There are people who will directly attack your trademark and those people deserve a very aggressive threat letter. They deserve to receive a threat letter which tells them that you believe that they’ve intentionally targeted your trademark and that they’re liable potentially for statutory damages and attorney’s fees under trademark law.