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Write a Cease and Desist Letter for a trademark infringement case.
Cease and Desist Letter for Trademark Infringement
Introduction
This letter serves as a formal cease and desist notice regarding the unauthorized use of the trademark "[Your Trademark]" by [Infringer's Name] and [Infringer's Company Name]. This letter is being sent to you on behalf of [Your Name] and [Your Company Name], the rightful owner of the trademark "[Your Trademark]".
Table of Contents
Background
Trademark Infringement
Demand for Cease and Desist
Consequences of Continued Infringement
Conclusion
Document
1. Background
[Your Company Name] is the registered owner of the trademark "[Your Trademark]" in Kenya. The trademark is registered under [Trademark Registration Number] and is used in connection with [Goods or Services].
2. Trademark Infringement
We have become aware that [Infringer's Name] and [Infringer's Company Name] are using a trademark that is confusingly similar to our registered trademark "[Your Trademark]". Specifically, [Infringer's Name] and [Infringer's Company Name] are using the trademark "[Infringer's Trademark]" in connection with [Infringer's Goods or Services].
The use of "[Infringer's Trademark]" is likely to cause confusion among consumers, as it is visually and phonetically similar to our registered trademark "[Your Trademark]". This confusion is likely to damage our reputation and goodwill, and to mislead consumers into believing that [Infringer's Goods or Services] are associated with our company.
3. Demand for Cease and Desist
We hereby demand that you immediately cease and desist from using the trademark "[Infringer's Trademark]" in connection with [Infringer's Goods or Services]. This includes, but is not limited to, the following:
Removing all instances of the trademark "[Infringer's Trademark]" from your website, marketing materials, and other promotional materials.
Discontinuing the use of the trademark "[Infringer's Trademark]" in connection with the sale or distribution of [Infringer's Goods or Services].
Providing us with written confirmation that you have complied with this demand.
4. Consequences of Continued Infringement
If you fail to comply with this demand, we will be forced to take legal action to protect our trademark rights. This may include, but is not limited to, the following:
Filing a lawsuit for trademark infringement in the High Court of Kenya.
Seeking an injunction to prevent you from further using the trademark "[Infringer's Trademark]".
Seeking damages for the harm caused to our business by your infringement.
5. Conclusion
We hope that you will take this matter seriously and comply with our demand. We are confident that we can resolve this matter amicably. However, we are prepared to take all necessary steps to protect our trademark rights.
TLDR: This letter demands that [Infringer's Name] and [Infringer's Company Name] immediately cease and desist from using the trademark "[Infringer's Trademark]" in connection with [Infringer's Goods or Services] due to its similarity to our registered trademark "[Your Trademark]". Failure to comply will result in legal action.
6. Document
Cease and Desist Letter
Date: [Date]
To: [Infringer's Name] and [Infringer's Company Name]
From: [Your Name] and [Your Company Name]
Address: [Your Address]
Re: Trademark Infringement - "[Your Trademark]"
Dear [Infringer's Name],
This letter serves as a formal cease and desist notice regarding the unauthorized use of the trademark "[Your Trademark]" by [Infringer's Name] and [Infringer's Company Name]. This letter is being sent to you on behalf of [Your Name] and [Your Company Name], the rightful owner of the trademark "[Your Trademark]".
[Your Company Name] is the registered owner of the trademark "[Your Trademark]" in Kenya. The trademark is registered under [Trademark Registration Number] and is used in connection with [Goods or Services].
We have become aware that [Infringer's Name] and [Infringer's Company Name] are using a trademark that is confusingly similar to our registered trademark "[Your Trademark]". Specifically, [Infringer's Name] and [Infringer's Company Name] are using the trademark "[Infringer's Trademark]" in connection with [Infringer's Goods or Services].
The use of "[Infringer's Trademark]" is likely to cause confusion among consumers, as it is visually and phonetically similar to our registered trademark "[Your Trademark]". This confusion is likely to damage our reputation and goodwill, and to mislead consumers into believing that [Infringer's Goods or Services] are associated with our company.
We hereby demand that you immediately cease and desist from using the trademark "[Infringer's Trademark]" in connection with [Infringer's Goods or Services]. This includes, but is not limited to, the following:
Removing all instances of the trademark "[Infringer's Trademark]" from your website, marketing materials, and other promotional materials.
Discontinuing the use of the trademark "[Infringer's Trademark]" in connection with the sale or distribution of [Infringer's Goods or Services].
Providing us with written confirmation that you have complied with this demand.
If you fail to comply with this demand, we will be forced to take legal action to protect our trademark rights. This may include, but is not limited to, the following:
Filing a lawsuit for trademark infringement in the High Court of Kenya.
Seeking an injunction to prevent you from further using the trademark "[Infringer's Trademark]".
Seeking damages for the harm caused to our business by your infringement.
We hope that you will take this matter seriously and comply with our demand. We are confident that we can resolve this matter amicably. However, we are prepared to take all necessary steps to protect our trademark rights.
Sincerely,
[Your Name]
[Your Company Name]
Sources:
Case Laws:
Kenafric Industries Limited v. [Defendant's Name] (2018): This case involved a dispute over the ownership of three trademarks, including "Pipi Kifua" for sweets, "KI Special Veve" for bubble gums, and "KI Orange Drops" for hard boiled sweets. The court found that Kenafric Industries Limited was the rightful owner of the trademarks and granted an injunction against the defendant. (Source: Bowmans Law ↗)
Safaricom PLC v. Airtel Networks Kenya Limited (2023): This case involved a dispute over the use of the "M-Pesa" trademark. Safaricom PLC, the owner of the "M-Pesa" trademark, alleged that Airtel Networks Kenya Limited was infringing its trademark by using the "M-Pesa" branding on its mobile money agency outlets. The court found in favor of Safaricom PLC and ordered Airtel Networks Kenya Limited to remove all "M-Pesa" branding from its outlets. (Source: Business Daily Africa ↗)
Note: This is a sample cease and desist letter and should be adapted to the specific facts of your case. It is highly recommended to consult with a lawyer to ensure that the letter is properly drafted and that your legal rights are protected.
Answered by mwakili.com