CaseMark Trademark Cease-and-Desist Letter
Pre-suit notice demanding cessation of alleged trademark infringement and evidence preservation.
Quick Start
Collect before drafting:
- Owner — legal name, entity type, signatory, counsel contact
- Mark — exact mark, USPTO registration number/date/class (if any), first-use date
- Scope — goods/services, channels of trade, geography
- Infringement evidence — dated screenshots, URLs, product images, ads, packaging
- Confusion evidence — actual confusion incidents, customer overlap, goods similarity
- Demands — stop use, remove content, destroy inventory, transfer domains/handles, accounting
- Deadline — exact calendar date, delivery method, proof-of-receipt plan
Workflow
1. Gather Inputs
| Input | Req? | Notes |
|---|---|---|
| Owner name + address | Yes | Include counsel if represented |
| Mark type (word / design / composite) | Yes | — |
| Registration status | No | If registered, include USPTO details |
| First-use date | No | Required for common-law claims |
| Goods/services description | Yes | Match registered or actual use |
| Infringer name + address | Yes | Include DBA, online identifiers |
| Infringing uses | Yes | URLs, listings, products, social handles |
| Evidence list | Yes | Attach as exhibits |
| Demands + deadline | Yes | Exact calendar date |
2. Analyze Likelihood of Confusion
Address only applicable factors:
| Factor | Evidence |
|---|---|
| Similarity of marks | Appearance, sound, meaning, commercial impression |
| Relatedness of goods/services | Overlap or complementarity |
| Strength of mark | Distinctiveness, duration, marketing spend |
| Channels of trade | Same platforms, retailers, customer base |
| Actual confusion | Misdirected inquiries, emails |
| Intent | Copying, bad-faith adoption, prior knowledge |
| Consumer sophistication | Purchase care level |
3. Select Demands
| Demand | Include when | Proof requested |
|---|---|---|
| Immediate cessation | Always | Written confirmation |
| Remove from websites/marketplaces | Online use | Takedown screenshots |
| Destroy inventory/packaging | Physical goods | Destruction certification |
| Transfer domains/handles | Domains/handles used | Transfer confirmation |
| Notify distributors/retailers | Third parties involved | Copy of notice |
| Accounting of sales/profits | Damages likely | Sales report |
4. Draft Letter
Structure the letter in this order:
- Representation & purpose — identify client, state formal notice
- Rights in the mark — registered: USPTO Reg. No., date, classes, Lanham Act (15 U.S.C. § 1051 et seq.); unregistered: first-use date, geography, distinctiveness evidence
- Infringing use — identify infringing mark, products/services/platforms, dates observed; assert likelihood of confusion as to source, sponsorship, or affiliation
- Likelihood-of-confusion analysis — concise factor-based summary tied to evidence
- Demands — numbered list of specific actions required
- Deadline — exact compliance date with written confirmation required
- Remedies notice — injunctive relief, damages, disgorgement under 15 U.S.C. § 1117(a)
- Reservation of rights — no license or waiver granted
- Response instructions — where to send response, what to include
- Enclosures — exhibit list
Pitfalls
- Use only verified facts; every allegation must have a supporting exhibit.
- Firm and professional tone only — no threats beyond civil remedies.
- Never claim willfulness without supporting facts (e.g., prior notice).
- Use exact calendar dates for deadlines, not "within X days."
- If including settlement terms, frame under FRE 408 and keep separate from demands.
- Tailor to jurisdiction — reference applicable state unfair-competition statutes.
- Address defenses only when evidence supports rebuttal.