Cease and Desist - Cease and Desist Letter.

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Sample Cease and Desist Letter

Dear Ms. Doe:
We are writing to you on behalf of our clients, XYZ Comapny ("XYZ"). XYZ owns numerous trademarks and service marks, including, but not limited to, item #1, item #2, and item #3, (collectively referred to as the "XYZ Marks"). The XYZ Marks possess significant goodwill, are of great value to XYZ and are the subject of numerous trademark registrations.
The XYZ Marks have been used for many years in connection with promotion of XYZ services and as part of an extensive licensing program on a wide variety of merchandise relating to and promoting XYZ. As a result, the XYZ Marks are known throughout the world as identifying XYZ and it's products.
In order to protect and enhance the value of the XYZ Marks, XYZ grants limited licenses to select manufacturers to produce merchandise (including aprons, pillows, placemats, etc.) authorized to bear the XYZ Marks. These licensed manufacturers are held to specific manufacturing standards and guidelines subject to approval by XYZ. Licensed manufacturers are permitted to distribute licensed products bearing the XYZ Marks only through certain distribution channels in order to preserve the value of the licensed products and to maintain the integrity and image of the XYZ Marks.
It has recently come to our attention that you are engaging in the offering for sale and sale of unauthorized products bearing XYZ Marks. XYZ understands that you have offered for sale and sold through the on-line auction site ebay.com fabric items that feature the trademarks and copyrights of XYZ without the relevant consents having first been obtained from XYZ. Your use of the XYZ Marks on unlicensed merchandise is likely to confuse consumers into believing that you have a direct relationship with, are affiliated with, associated with, or endorsed by XYZ. Further, your sale and offering for sale of such unlicensed products constitutes trademark infringement, unfair competition and dilution in violation of federal and state statutes and the common law.
XYZ demands that you immediately cease and desist from offering for sale, selling, advertising, marketing and/or promoting any unauthorized products bearing XYZ Marks. We also demand that you fully disclose in writing the extent of your sales of this infringing merchandise, including the number of goods sold and the prices at which they were sold, the remaining inventory of the infringing merchandise, as well as the names, addresses and telephone numbers of the manufacturer(s) and/or supplier(s) of such merchandise, and any other information regarding your unauthorized use of the XYZ Marks. We ask that we receive written assurance by close of business April 1, 2003 that you will comply with these demands.
We would like to resolve this matter amicably, but in the absence of a favorable, timely response, we are prepared to take all steps necessary to preserve and protect the rights of XYZ without further notice to you.
The statement of facts set forth in this letter is not intended to be, nor shall it be deemed to be, a full and complete statement of the facts in this matter. This letter is not intended to be a complete statement of our rights, and shall not be construed as a waiver of any legal or equitable rights or remedies, all of which are expressly reserved.
Should you have any questions, please do not hesitate to write to me at the address set forth on our letterhead. My fax number is (800) 555-1234.
Very truly yours,
Fhat N Overpaid
Dewey, Cheatem & Howe
General Counsel
XYZ Company
It should be noted that the lawyer does not allege, nor offer any proof, that Ms Doe counterfeited any marks or products. Nor does the lawyer allege, or offer any proof, that at any time has Ms Doe claimed the fabric items were licensed products.

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