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Write a Cease and Desist Letter for a trademark infringement case.

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Cease and Desist Letter for Trademark Infringement

Introduction
Background
Trademark Infringement
Demand for Cease and Desist
Legal Action
Conclusion

Introduction

This letter is to formally demand that you cease and desist from any further infringement of our client's trademark. Our client, [Client Name], is the registered owner of the trademark [Trademark Name] in Kenya, registered under [Registration Number].

Background

[Client Name] has been using the trademark [Trademark Name] in Kenya for [Number] years in connection with [Goods or Services]. The trademark is registered under the Trade Marks Act, Cap 506, Laws of Kenya.

Trademark Infringement

You are currently using a mark that is confusingly similar to our client's registered trademark [Trademark Name]. This includes [Describe the infringing activities, e.g., using the mark on your website, packaging, advertising materials, etc.].

Your use of this mark is likely to cause confusion among consumers, as it is highly similar to our client's registered trademark. This confusion could lead to consumers believing that your goods or services are associated with our client, which is not the case.

Demand for Cease and Desist

We demand that you immediately cease and desist from all activities that infringe upon our client's trademark [Trademark Name]. This includes, but is not limited to:

Using the infringing mark in any way.
Selling or offering for sale any goods or services under the infringing mark.
Advertising or promoting any goods or services under the infringing mark.
Using the infringing mark on any website, packaging, or other materials.

You must also take all necessary steps to remove any existing infringing materials, including but not limited to:

Removing the infringing mark from your website.
Recalling any products bearing the infringing mark.
Destroying any existing infringing materials.

Legal Action

If you fail to comply with this demand within [Number] days of the date of this letter, our client will be forced to take legal action to protect its trademark rights. This may include, but is not limited to:

Filing a lawsuit for trademark infringement.
Seeking an injunction to stop your infringing activities.
Seeking damages for any losses suffered by our client as a result of your infringement.

Conclusion

We urge you to take immediate action to comply with this demand. Failure to do so will result in further legal action.

Sources:

Trade Marks Act, Cap 506, Laws of Kenya
Article 40 of the Constitution of Kenya, 2010 (Right to property)
Section 3 of the Trade Marks Act, Cap 506, Laws of Kenya (Definition of trademark)
Section 10 of the Trade Marks Act, Cap 506, Laws of Kenya (Registration of trademarks)
Section 20 of the Trade Marks Act, Cap 506, Laws of Kenya (Infringement of trademarks)

Note: This is a sample cease and desist letter and should be adapted to the specific facts of each case. It is recommended to consult with a lawyer to ensure that the letter is properly drafted and complies with all applicable laws.