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Provide a template for a cease and desist response letter in an IP dispute

Table of Contents

1. Introduction

2. Sources

3. Cease and Desist Response Letter Template

4. Conclusion

Introduction

This response provides a template for a cease and desist response letter in an Intellectual Property (IP) dispute in Kenya. The template is designed to be used as a starting point and should be adapted to the specific facts of each case. It is important to note that this template is not a substitute for legal advice from a qualified attorney.

Sources

• The Copyright Act, 2001

• The Industrial Property Act, 2001

• The Trade Marks Act, 2001

• The Kenya Information and Communications Act, 1998

Cease and Desist Response Letter Template

[Your Name/Company Name] [Your Address] [Your Phone Number] [Your Email Address]

[Date]

[Recipient Name/Company Name] [Recipient Address]

RE: Cease and Desist Letter Regarding [Alleged Infringement]

Dear [Recipient Name/Company Name],

This letter is in response to your cease and desist letter dated [Date] regarding alleged infringement of [Intellectual Property Right]. We have carefully reviewed your allegations and wish to state our position on the matter.

1. Denial of Infringement

We deny that we are infringing upon your [Intellectual Property Right]. We believe that our [actions/products/services] do not constitute infringement for the following reasons:

• [State your specific arguments and evidence to support your denial. For example, you may argue that your work is original, that you have a license to use the IP, or that the alleged infringement is de minimis.]

2. Counter-Allegations

We further wish to state that we believe your cease and desist letter is without merit and may constitute [harassment/unfair competition/other legal claims]. We are considering all legal options available to us, including but not limited to:

• [State any counter-claims you may have, such as a claim for defamation or malicious prosecution.]

3. Demand for Retraction

We demand that you immediately cease and desist from making any further false and defamatory statements regarding our [actions/products/services]. We also demand that you retract your cease and desist letter and any other communications that falsely accuse us of infringement.

4. Preservation of Rights

This letter is not intended to be a waiver of any of our rights or defenses. We reserve all rights and remedies available to us under the law.

5. Next Steps

We are willing to discuss this matter further with you in an attempt to reach a mutually agreeable resolution. However, if we do not receive a satisfactory response within [Number] days from the date of this letter, we will be forced to take further legal action to protect our interests.

Sincerely,

[Your Name/Company Name]

[Your Signature]

[Your Typed Name]

Conclusion

This template provides a starting point for responding to a cease and desist letter in an IP dispute in Kenya. It is important to consult with a qualified attorney to ensure that your response is tailored to the specific facts of your case and complies with all applicable laws.