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Cease and Desist LetterYou'll notice that a handful of search engines request that you contact trademark violators before you ask them to evaluate the matter. Of course, the search engines prefer that you handle this situation directly with your competitors and not involve them at all. And this is often possible. A cease and desist letter from your attorney gets the immediate attention of your trademark violators. The letter identifies the issue and the solution needed to avoid the next step ‚ a lawsuit. Deborah Wilcox, a partner with the Cleveland office of the law firm of Baker & Hostetler LLP, says that 90% of this type of trademark infringement is stopped by having legal counsel send a cease and desist letter and follow up as necessary to resolve the matter short of litigation. Wilcox has offered the following letter as an example (its impact is arguably stronger when it comes from a law firm if you don't have a well-recognized company name with an internal legal department). Just as with a click fraud cease and desist letter described in Chapter 21, "Watch Out for Click Fraud," send a trademark violation letter by email and certified mail. Remember to customize this sample letter with your information.
Attach a copy of this letter to your complaint for the search engines; they may respond faster seeing that you're attempting to resolve the matter directly with the trademark violators. Sending a cease and desist letter directly to the violators hopefully prevents future occurrences, whereas going to a search engine first might address current listings but new ad listings posted by the same violator could slip by in the future. It's a good idea to send a strong message to search engines and competitors by issuing trademark infringement complaints and legal letters in one directive. Periodic monitoring of the search engine space is strongly recommended. Companies such as Cyveillance and NameProtect can help monitor the use of your trademarks across the web if this is a tedious , ongoing battle for your company. |
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