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Write a Cease and Desist Letter for a trademark infringement case.
Introduction
In Kenya, trademark infringement is governed by the Trade Marks Act, Cap 506 of the Laws of Kenya. This Act provides the legal framework for the registration, protection, and enforcement of trademarks. A cease and desist letter is a formal document sent to an individual or business to stop allegedly illegal activity, in this case, trademark infringement. The letter serves as a warning before legal action is taken.
Table of Contents
Legal Framework
Components of a Cease and Desist Letter
Sample Cease and Desist Letter
Conclusion
1. Legal Framework
The primary legal provisions relevant to trademark infringement in Kenya include:
Trade Marks Act, Cap 506
Section 7: Rights conferred by registration
Section 14: Infringement of registered trademarks
Section 15: Remedies for infringement
2. Components of a Cease and Desist Letter
A cease and desist letter for trademark infringement should include the following components:
Header: Your name, address, and contact information
Date: The date the letter is written
Recipient's Information: Name, address, and contact information of the infringing party
Subject Line: Clearly stating the purpose of the letter
Introduction: Briefly introduce yourself and your trademark
Description of Infringement: Detailed description of the infringing activities
Legal Basis: Cite relevant laws and sections
Demand: Clearly state what you want the infringing party to do
Consequences: Outline the potential legal actions if the infringing party does not comply
Deadline: Provide a reasonable timeframe for compliance
Signature: Your signature and printed name
3. Sample Cease and Desist Letter
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Recipient's Name]
[Recipient's Address]
[City, State, ZIP Code]
Subject: Cease and Desist – Trademark Infringement
Dear [Recipient's Name],
I am writing to you on behalf of [Your Company Name], the registered owner of the trademark [Trademark Name], registered under the Trade Marks Act, Cap 506 of the Laws of Kenya, with registration number [Registration Number].
It has come to our attention that your company, [Recipient's Company Name], is using a mark that is confusingly similar to our registered trademark in connection with [describe the goods/services]. This unauthorized use constitutes trademark infringement under Section 14 of the Trade Marks Act, Cap 506.
Description of Infringement
Infringing Activity: [Describe the specific activities that constitute infringement]
Location: [Specify where the infringement is occurring, e.g., online, physical store]
Evidence: [Attach any evidence, such as photographs, screenshots, or URLs]
Legal Basis
Under Section 7 of the Trade Marks Act, Cap 506, the registration of a trademark confers upon the proprietor the exclusive right to use the trademark in relation to the goods or services for which it is registered. Section 14 further provides that any unauthorized use of a registered trademark constitutes infringement.
Demand
In light of the above, we demand that you:
Immediately cease and desist from using the [infringing mark] in connection with [goods/services].
Remove all instances of the [infringing mark] from your website, marketing materials, and products.
Provide written confirmation within [number of days, typically 14] days of receipt of this letter that you have complied with these demands.
Consequences
Failure to comply with these demands will result in [Your Company Name] taking all necessary legal actions to protect its trademark rights, including but not limited to filing a lawsuit for trademark infringement. Such legal action may result in you being liable for damages, legal fees, and other costs associated with the enforcement of our trademark rights.
Deadline
Please provide written confirmation of your compliance with the above demands by [specific date, typically 14 days from the date of the letter].
Conclusion
We hope to resolve this matter amicably and without the need for further legal action. However, if you fail to comply with the demands set forth in this letter, we will have no choice but to pursue all available legal remedies.
Sincerely,
[Your Signature]
[Your Printed Name]
4. Conclusion
A cease and desist letter is a crucial first step in addressing trademark infringement. It serves as a formal notice to the infringing party and provides them with an opportunity to rectify the situation before legal action is taken. By following the guidelines and including all necessary components, you can effectively protect your trademark rights under the Trade Marks Act, Cap 506 of the Laws of Kenya.
This letter should be tailored to fit the specific circumstances of your case. It is advisable to consult with a legal professional to ensure that your cease and desist letter is comprehensive and legally sound.
Answered by mwakili.com