Cease and Desist Letter to Stop Infringement

Posted by Michael Shimokaji | Jan 11, 2015 | 0 Comments

Question: Same retail store name across the country. I own the trademark. Can prove first in commerce. What can I do? Cease and desist? Tell them to change their name?

Answer: If there is a likelihood of confusion between your trademark and the retail store name, you would have a basis for taking steps to stop the store from using its name.

One factor to determine whether there is a likelihood of confusion is the similarity of names.

Another factor is the geographic overlap of where you and the retail store do business. If your business is limited to an area, your ability to stop the retail store may be limited to the area in which you do business. 

About the Author

Michael Shimokaji

Michael’s expertise includes the strategic development of patent and trademark portfolios. He identifies those patents and trademarks that are valuable to his clients by providing them with a competitive advantage. Then, Michael obtains patent and trademark registrations in the US and abroad.

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