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Crafting the Effective Trademark Cease-and-Desist Letter

BY William G. Pecau
April 02, 2014

The cease-and-desist letter is a routine occurrence in the practice of most trademark attorneys. And, often it is treated routinely ' something that is little more than a form and is given little more thought than a form.

Cease-and-desist letters are common, but they are extremely important. Done well, they are the most efficient and effective means to end infringement and to maintain the parameters of protection of a trademark. They exemplify Sun Tzu's observation in his The Art of War: “The best victory is when the opponent surrenders of its own accord before there are any actual hostilities.” Their very effectiveness tends to make them less visible and underappreciated.

Good and Bad Cease- And-Desist Letters

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