Cease And Desist Letters

A cease and desist letter is a formal communication sent to an individual or entity requesting them to halt a specific activity deemed to be in violation of legal rights or agreements. Typically issued by a lawyer or a legal representative, these letters outline the alleged infringement and demand immediate cessation of the offending actions. Serving as a prelude to potential legal action, cease and desist letters aim to resolve disputes without resorting to litigation, emphasizing the seriousness of the matter and the consequences of non-compliance.

Cease and Desist Notice – Trademark Infringement

[Your Law Firm Name and Contact Information]

[Date]

[Recipient Name]

[Recipient Address]

RE: Cease and Desist of Trademark Infringement – [Your Client’s Brand Name]

Dear [Recipient Name],

This letter is written on behalf of our client, [Your Client Name] (hereinafter referred to as “[Client Name]”), a company incorporated and existing under the laws of India, with its registered office at [Client Address].

Our client is the registered owner of the trademark “[Your Client’s Trademark]” (Registration Number: [Registration Number]) in India, for the following goods/services: [List of Goods/Services Covered by the Trademark].

It has come to our client’s attention that you are using a confusingly similar mark, “[Infringing Mark],” for [mention how the infringing mark is being used – e.g., on products, website, marketing materials]. This use of the infringing mark is likely to cause confusion among consumers and potentially damage our client’s brand reputation.

The similarities between “[Your Client’s Trademark]” and “[Infringing Mark]” include [List specific similarities – e.g., similar spelling, pronunciation, logo design elements, etc.]. These similarities are likely to deceive consumers into believing that your goods/services are associated with, sponsored by, or authorized by [Client Name].

This use of the infringing mark constitutes a clear case of trademark infringement under the Trademark Act, 1961. Such infringement entitles our client to seek legal action against you, including seeking an injunction to prevent further use of the infringing mark, claiming damages for any harm caused to our client’s business, and pursuing other remedies available under the law.

We demand that you immediately cease and desist from all use of the infringing mark, “[Infringing Mark],” in connection with your goods/services. This includes, but is not limited to:

• Removing the infringing mark from all existing products, packaging, marketing materials, and websites.
• Stopping any further use of the infringing mark in advertising, promotions, or online platforms.
• Taking all necessary steps to ensure that no further confusion is created among consumers.

Please confirm in writing within 14 days of the date of this letter that you have complied with our demands. We are willing to discuss this matter further in an attempt to reach an amicable resolution. However, if we do not receive a satisfactory response within the stipulated timeframe, our client will be forced to take all necessary legal action to protect its trademark rights.

We appreciate your cooperation in this matter.

Sincerely,

[Your Name]

Advocate

[Your Law Firm Name]

Same letter in this case > Coca-Cola sued Bisleri for using the trademark “MAAZA” for a mango-flavored drink, claiming it was deceptively similar to their own “Minute Maid” brand.

Cease and Desist Notice – Trademark Infringement

[Your Law Firm Name and Contact Information]

[Date]

[Recipient Name]

[Recipient Address]

RE: Cease and Desist of Trademark Infringement – “Minute Maid”

Dear [Recipient Name],

This letter is written on behalf of our client, The Coca-Cola Company (hereinafter referred to as “Coca-Cola”), a company incorporated and existing under the laws of [Client’s Country of Incorporation], with its principal place of business at [Client Address].

Our client is the registered owner of the trademark “Minute Maid” (Registration Number: [Registration Number]) in India, for the following goods/services: Fruit-flavored beverages, including mango-flavored drinks.

It has come to our client’s attention that you are using the mark “MAAZA” for a mango-flavored drink. This use of the mark “MAAZA” is deceptively similar to our client’s registered trademark “Minute Maid” and is likely to cause confusion among consumers in India.

The similarities between “Minute Maid” and “MAAZA” include:

• The use of the word “Maa” which phonetically sounds similar to “Maid” and evokes a similar association with fruit flavors.
• Both brands are associated with fruit-flavored beverages, specifically targeting the mango flavor segment.

These similarities are likely to deceive consumers into believing that your “MAAZA” drink is affiliated with, sponsored by, or authorized by Coca-Cola’s “Minute Maid” brand.

This use of the mark “MAAZA” constitutes a clear case of trademark infringement under the Trademark Act, 1961. Such infringement entitles our client to seek legal action against you, including seeking an injunction to prevent further use of the infringing mark, claiming damages for any harm caused to our client’s business reputation and market share, and pursuing other remedies available under the law.

We demand that you immediately cease and desist from all use of the mark “MAAZA” in connection with your mango-flavored drink. This includes, but is not limited to:

• Removing the “MAAZA” branding from all existing products, packaging, marketing materials, and websites.
• Stopping any further use of the “MAAZA” mark in advertising, promotions, or online platforms.
• Taking all necessary steps to ensure that no further confusion is created among consumers.

Please confirm in writing within 14 days of the date of this letter that you have complied with our demands. We are willing to discuss this matter further in an attempt to reach an amicable resolution. However, if we do not receive a satisfactory response within the stipulated timeframe, our client will be forced to take all necessary legal action to protect its trademark rights.

We appreciate your cooperation in this matter.

Sincerely,

[Your Name]

Advocate

[Your Law Firm Name]

Please note: This is a sample letter and should not be considered as legal advice. It’s important to consult with a qualified lawyer specializing in Intellectual Property Law to draft a cease and desist letter specific to Coca-Cola’s situation and considering the nuances of the case.