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Write a Cease and Desist Letter for a trademark infringement case.
Cease and Desist Letter for Trademark Infringement
[Your Law Firm's Name]
[Your Law Firm's Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Recipient's Name]
[Recipient's Address]
[City, State, ZIP Code]
Subject: Cease and Desist Notice for Trademark Infringement
Dear [Recipient's Name],
1. Introduction
I am writing to you on behalf of my client, [Client's Name], who is the registered owner of the trademark [Trademark Name] (hereinafter referred to as "the Trademark"). The Trademark is registered under the Trade Marks Act, Cap 506 of the Laws of Kenya, with the registration number [Registration Number]. This letter serves as a formal demand that you cease and desist from any and all unauthorized use of the Trademark.
2. Background
[Client's Name] has invested significant resources in developing and promoting the Trademark, which has become widely recognized and associated with [Client's Name]'s products/services. The Trademark is a valuable asset and is protected under Kenyan law.
3. Unauthorized Use
It has come to our attention that you are using the Trademark without authorization in connection with [describe the infringing activities, e.g., selling products, offering services, using the trademark on a website, etc.]. This unauthorized use constitutes trademark infringement under Section 7 of the Trade Marks Act, Cap 506, which grants the registered owner exclusive rights to use the trademark in relation to the goods or services for which it is registered.
4. Legal Basis
Under Kenyan law, specifically the Trade Marks Act, Cap 506, the unauthorized use of a registered trademark constitutes infringement. Section 7 of the Act provides that the registration of a trademark gives the proprietor exclusive rights to use the trademark and to take legal action against any person who uses the trademark without consent.
5. Demand
In light of the above, we hereby demand that you:
Immediately cease and desist from all use of the Trademark in any form.
Remove all instances of the Trademark from your products, services, marketing materials, websites, and any other medium where it is being used.
Provide a written undertaking within [number of days, e.g., 14 days] from the date of this letter, confirming that you will comply with the above demands and that you will not use the Trademark in the future without authorization.
Provide an account of all profits made from the unauthorized use of the Trademark.
6. Consequences of Non-Compliance
Should you fail to comply with the demands set forth in this letter within the stipulated time frame, we will have no option but to pursue all available legal remedies, including but not limited to filing a lawsuit for trademark infringement, seeking injunctive relief, and claiming damages. Please be advised that this letter may be used as evidence of your willful infringement in any such proceedings.
7. No Waiver of Rights
This letter is not a waiver of any rights or remedies that [Client's Name] may have in connection with this matter, all of which are expressly reserved.
8. Contact Information
Should you wish to discuss this matter further, please contact me directly at [Your Phone Number] or [Your Email Address].
9. Conclusion
We trust that you will give this matter the urgent attention it deserves and look forward to your prompt compliance.
Yours sincerely,
[Your Full Name]
[Your Position]
[Your Law Firm's Name]
TLDR
This letter demands that the recipient immediately cease and desist from using the trademark owned by the sender's client, remove all instances of the trademark, and provide a written undertaking and account of profits made from the unauthorized use. Failure to comply will result in legal action.
Relevant Case Laws and Legal Precedents
Kenafric Industries Limited v. [Defendant]
Parties: Kenafric Industries Limited (Plaintiff)
Outcome: The court ruled in favor of the plaintiff, affirming the exclusive rights of the trademark owner and ordering the defendant to cease the infringing activities.
Relevance: This case underscores the legal protection afforded to trademark owners under Kenyan law and the consequences of unauthorized use.
Safaricom Limited v. Airtel Kenya Limited
Parties: Safaricom Limited (Plaintiff) vs. Airtel Kenya Limited (Defendant)
Outcome: The court ordered Airtel to remove all M-Pesa branding from its outlets, recognizing the trademark rights of Safaricom.
Relevance: This case highlights the enforcement of trademark rights and the legal remedies available to trademark owners in Kenya.
Microsoft Corporation v. MikeRoweSoft
Parties: Microsoft Corporation (Plaintiff) vs. Mike Rowe (Defendant)
Outcome: The court found in favor of Microsoft, emphasizing the importance of protecting trademark rights against phonetic similarities that could cause confusion.
Relevance: Although not a Kenyan case, it illustrates the global principles of trademark protection that are also applicable in Kenya.
Sources
Legal Templates - Trademark Infringement Cease and Desist Letter ↗
LegalZoom - Defend your trademark with a cease and desist letter ↗
This sample cease and desist letter is intended to provide a starting point for addressing trademark infringement issues. It is advisable to consult with an experienced intellectual property attorney to tailor the letter to the specific circumstances of your case.
Answered by mwakili.com