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Crafting the Effective Trademark Cease-and-Desist Letter

By William G. Pecau

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.

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