Tabberone is pronounced tab ber won |
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This letter was taken directly from a demand letter sent by Continental Enterprises on behalf of Hansen Beverages. Content has not been altered except to make it generic by removing the name of the recipient. We have annotated this letter with our rebuttals. Click on the link to read it. A new window will open. |
VIA CERTIFIED MAIL
Date
Insert Victim's name here RE: Hansen Beverage Company Trademark Infringement Our Ref. No.: 00000 Dear (insert Victim's name here): Hansen Beverage Company (“Hansen”) is the owner of many valuable designs, trade dress, designs, and copyrights for its Hansen brand Juices, teas, and energy drinks and the Monster brand energy drinks. Hansen has invested vast resources to establish its intellectual property portfolio and the goodwill associated therein. As a result, the Hansen and Monster brand name have become famous throughout the world. Because of the popularity of these brand names, extensive demand exists for related products. For this reason, the intellectual property of Hansen may not be used without its express written permission. Continental Enterprises (“Continental”) has been engaged by Hansen to help protect its valuable intellectual property. Continental has learned that you are involved in the distribution of merchandise violating the intellectual property rights of Hansen (the “Merchandise”). The Merchandise bears marks or designs that are either identical to, or clear imitations, or derivations of Hansen's trademarks, trade dress or copyrighted material. Please be advised that we have evidence of your production or sale of the Merchandise and have enclosed copies of the same as Attachment A. While we are willing to assist you in determining which of the items you offer for sale violate the intellectual property rights of Hansen, it is not our responsibility to review and certify your product line. Rather, it is your company's responsibility to insure that it does not engage in the distribution of unlicensed and infringing products. Therefore, the product information provided herein is not intended to be, and should not be taken by you as, a full and complete accounting of the products you offer that violate the intellectual property rights of Hansen. The unauthorized production or sale of merchandise bearing Hansen's marks and/or designs, or those confusingly similar thereto, without license is illegal. Such activities diminish the value of Hansen's intellectual property, cripple the effectiveness of Hansen's licensing programs and endanger Hansen's goodwill and reputation. Producing or distributing unlicensed merchandise also constitutes unfair competition. Such activities cause consumers to but such merchandise in the mistaken belief that it originates from Hansen, which siphons profits away from legitimate licensees and generates unjust profits for infringers such as your company. Consequently, the unauthorized use of Hansen's intellectual property constitutes infringement, counterfeiting, dilution, unfair competition, and violates a variety of federal and state civil and criminal laws. Your activities with respect to Hansen place you in jeopardy of violating these various laws and the rights of Hansen. Any further sale of the Merchandise by you will be considered willful infringement, which is subject to enhanced penalties, including but not limited to, treble damages. Furthermore, you may be subject to temporary or permanent court injunctions, seizure of all infringing materials without notice, liability for actual or statutory damages, and payment of attorney's fees. On behalf of Hansen, we demand that you: |
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At this stage, Hansen will accept the amount referred to above as compensation for the damages suffered as a
result of your infringement and unfair competition practices, as well as the costs incurred for the
investigation and resolution of this matter. The amount requested herein is less than the minimum
amount Hansen would expect to receive if forced to litigate this issue, which Hansen is prepared to
do if necessary.
Any response which provides less than a voluntary surrender of all infringing Merchandise and information requested above, along with payment of damages to Hansen, shall be deemed insufficient and shall be interpreted to mean you intend to continue selling infringing Merchandise in violation of the law. Unless you comply with the forgoing demands, we will take appropriate steps to enforce our client's rights and protect the public from continued deception. We will provide no further notice to you of our intent to seek all available remedies against you on our client's behalf. Upon your receipt and review of this letter, please contact me no later that (10) ten days from the date of this letter to discuss a resolution to this matter. If I do not receive any contact by this date, I will construe this to mean that you have no desire to resolve this matter informally and plan to continue your infringing activities in violation of the law. As such, the settlement offer outline herein will expire, and I will advise Hansen to take all steps necessary to fully protect its intellectual property rights. This letter is being sent in an attempt to achieve a prompt and informal resolution to this matter and is therefore privileged. Nothing contained in, or omitted from, this letter is intended or should be considered an admission of any fact or a waiver of any right or defense, all of which are expressly reserved. Thus, this letter cannot be utilized in evidence or referred to in any litigation with regards to the merits of the matter.
Sincerely, Enclosure - Attachment A |
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