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Second Demand Letter
The copy we used was for Textron. Content has not been altered except to make letter generic.

VIA U.S. Mail and ELECTRONIC MAIL

Date

Insert Victim's name & address here

FOR SETTLEMENT PURPOSES ONLY

Re: Infringement of Textron Innovations, Inc. Trademarks
File No.: 00000

Dear (insert Victim's name here):

As I have received no response from you to my (insert date) correspondence, I am writing to memorialize my client's position regarding the above named matter. While we appreciate that you have ended your sale of unlicensed merchandise, that alone does not relieve (insert Victim company name) (“Victim”) liability in this case. Textron Innovations, Inc (“TII”) cannot close its file until the issue of monetary damages is addressed.

I anticipate your desire to avoid the costs and time consumed by litigation. Therefore, TII has authorized me to settle this dispute in exchange for payment of Five Thousand Dollars ($5,000.00). This represents the damages incurred by TII as a result of Victim's actions and the costs involved in pursuing this infringement. This amount was arrived at through the following calculations:

- $2,400.00 to cover the amount of resources expended by TII toward the investigation and resolution of this matter with Victim.
- $600.00 to cover the amount of sales unlawfully earned by Victim and its retailers through the sale of the unlicensed and infringing merchandise in question.
- $2,000.00 to cover the damages suffered by TII for the dilution of TII's trademarks, unfair competition by Victim through the advertisement and sale of the unlicensed and infringing merchandise in question, and consumer confusion.

We believe this amount is significantly less than the costs you would incur and the penalty that would be levied against you if this matter were to be litigated to a full conclusion. TII is willing to participate in negotiations of this demand, but any final resolution must include monetary damages and Victim's agreement not to sell the unlawful merchandise in the future. In exchange for your payment and your agreement not to infringe upon the intellectual property of TII in the future, TII will provide you with a release from all legal claims that it has against you as it relates to you production and/or sale of the previously identified merchandise. If this settlement offer meets with your agreement, please contact me no later than (insert date), so that the necessary arrangements can be made and a Settlement Agreement and Release can be executed. If you are not willing to engage in such negotiations, then TII will have no choice but to take further action in order to protect its intellectual property rights.
Finally, it is our understanding that Victim is affiliated with (on-line store). Any resolution of this matter must include the removal of unlicensed products from this website and compensation for damages incurred as a result of unlawful sales by (on-line store).
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,
Ryan L. Strup Associate General Counsel

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