Tabberone's Hall of Shame - Cyber Cops Continental Enterprises

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"The only thing necessary for the triumph of evil is for good men to do nothing"
Edmund Burke

This letter was taken directly from a demand letter sent by Continental Enterprises on behalf of Jack Daniel Properties. Content has not been altered except to omit one small paragraph that would identify 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 Insert Victim's address here

FOR SETTLEMENT PURPOSES ONLY

RE: Infringement OF Jack Daniel's Properties, Inc. Trademarks
File No: 00000

Dear (insert Victim's name here):

Jack Daniel's Properties, Inc. (“JDPI”) has engaged Continental Enterprises (“Continental”) to help protect the intellectual property associated with JDPI's distinctive trademarks.

JDPI is the owner of valuable designs, trademarks and trade dress, for the name “Jack Daniel's” (sic) and the “No. 7” logo, as well as other distinctive designs and words. The intellectual property of JDPI may not be used without its express written permission. JDPI has invested significant resources to establish these rights, which are famous throughout the world. The goodwill that is associated with these rights has created large nationwide demand for related products.

Continental has learned that you are involved in the distribution of merchandise violating the intellectual property rights of JDPI (the “Merchandise”). This Merchandise uses marks or designs that are either identical to or clear imitations of JDPI's trademarks. We have evidence of your advertisement, production and/or sale of such Merchandise and have included copies of the same as Attachment A.

Please be advised that, while we are willing to assist you in determining which of the items you offer for sale violate the intellectual property rights of JDPI, 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 above 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 JDPI.

The unauthorized production or sale of merchandise bearing JDPI's marks and/or designs, or ones confusingly similar thereto, is illegal. It causes the value of JDPI's licenses and property to be diminished. It also causes purchasers to buy such merchandise in the mistaken belief that it originates from JDPI or is otherwise licensed or related to JDPI. This results in unjust profits being earned by your company and puts JDPI's goodwill and reputation at risk. The unauthorized use of trademarks or copyrighted works constitutes infringement, counterfeiting and dilution, unfair competition, and violates a variety of federal and state civil and criminal laws.

Your unlicensed use of JDPI's trademarks or designs places you in jeopardy of violating these various laws and the rights of JDPI. 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, impounding of all infringing materials with or without notice, liability for actual or statutory damages, and payment of attorney's fees.

On behalf of JDPI, we demand that you:

Immediately any and all manufacture, distribution, promotion or sale of any unauthorized Merchandise.
Immediately provide Continental Enterprises with a full accounting, including but not limited to, all records pertaining to the procurement and sale of the Merchandise, including the names of all parties that may have manufactured, imported, exported, distributed or purchased the Merchandise in bulk.
Voluntarily surrender to Continental all infringing items in your possession bearing copies, derivative works or imitations of the Hansen trademarks or designs. This includes, without limitation, any heat transfers, patches, computer embroidery tape, silk screens, photographs, positives, negatives, artwork, plates or other means of reproducing such trademarks or designs.
Cooperate with Continental representatives concerning the investigation of any other parties with which you have or have had a business relationship involving the Merchandise.
Pay to the order of “Jack Daniel's Properties, Inc” $4,750.00 to compensate for the damages arising from your illegal activities.

At this stage, JDPI 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 they have incurred for the investigation and resolution of this matter. The amount requested herein less than the minimum amount JDPI would expect to receive if forced to litigate this issue, which they are prepared to do if necessary.
Be advised that any response which provides less than a voluntary surrender of all infringing Merchandise and all information requested above, 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, JDPI may take appropriate steps to enforce our client's rights and protect the public from continues deception. We will provide no further notice to you of our client's intention to seek all available remedies against you on our client's behalf.
Finally, let me emphasize that it our goal to resolve these matters as quickly and as amicably as possible. While we cannot comment on your specific insurance policy, you should be aware that very often trademark violations such as this are covered under the “advertising injury” section in general business liability insurance policies. If you believe that you may be eligible for these insurance benefits, you should contact your insurance agent upon receiving this letter as many insurers require timely notice of the claim as a prerequisite for coverage. In an attempt to assist you in this matter we have enclosed as Attachment B information that you may wish to forward to your insurer along with your claim for coverage, as well as a copy of this letter.
Upon your receipt and review of this letter, please contact me or have someone acting as your representative 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 a response by this date, I will construe this to mean that you do not intend to comply with the foregoing demands will advise JDPI to take whatever action it deems necessary to protect its 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,
Darlene R. Seymour
General Counsel
Enclosure - Attachment A
Enclosure - Attachment B

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