[On Firm Letterhead]
Date: [●]
By Email and Courier
[Supplier Name]
[Supplier Address]
Attn: [Name and Title]
Email: [●]
Re: Unauthorized Use of [Company Name]’s Registered Trademark(s) and Confusingly Similar Sign(s) — Formal Cease-and-Desist, Takedown, Delivery Up, Accounting, and Preservation Demand
We represent [Company Name] (“Company”), the owner of the following registered trademarks (collectively, the “Marks”):
- Mark: [WORD/DEVICE MARK]; Reg. No.: [●]; Jurisdiction: [●]; Class(es): [●]; Goods/Services: [●].
- Mark: [●]; Reg. No.: [●]; Jurisdiction: [●]; Class(es): [●]; Goods/Services: [●].
No license, authorization, or other permission has been granted to you to use the Marks, or any marks confusingly similar thereto, on or in connection with your goods, packaging, advertising, or online content.
Infringing Conduct
Based on our client’s investigation, including screenshots and samples retained as evidence (see Exhibit A), you have:
- Applied the Marks on product packaging and in promotional/advertising materials without authorization.
- Used a sign that is identical to, or confusingly similar with, the Marks on product detail pages and online listings, thereby creating a false impression of affiliation, sponsorship, or approval.
- Marketed and sold goods bearing the Marks and/or confusingly similar signs in commerce in connection with [identify goods], which are identical or closely related to those covered by our client’s registrations.
Legal Basis
Your conduct constitutes trademark infringement and unfair competition, including the unauthorized use of identical or confusingly similar marks in commerce in a manner likely to cause consumer confusion, mistake, or deception as to source, sponsorship, or affiliation. The legal bases include, by way of example (to be applied according to the governing jurisdiction):
- United States: Infringement of registered marks (15 U.S.C. § 1114(1)); false designation of origin and unfair competition (15 U.S.C. § 1125(a)); dilution for famous marks (15 U.S.C. § 1125(c)).
- European Union: Exclusive rights conferred by EU Trade Mark Regulation (Regulation (EU) 2017/1001), Article 9(2), prohibiting use of identical/similar signs for identical/similar goods/services where a likelihood of confusion exists; Article 9(2)(c) for marks with a reputation.
- United Kingdom: Trade Marks Act 1994, section 10(1)–(3) (use of identical/similar signs for identical/similar goods/services leading to likelihood of confusion), and the common law tort of passing off (misrepresentation causing damage to goodwill).
- People’s Republic of China: PRC Trademark Law (2019), Article 57 (unauthorized use of a mark identical/similar to a registered trademark on identical/similar goods); remedies under Articles 60 and 63; Anti-Unfair Competition Law (2019), Article 6 (prohibiting confusing acts that mislead the public regarding source or affiliation).
Using the Marks on packaging, advertising, and product detail pages is “use in commerce/trade” that is actionable. The use of confusingly similar signs on product listings is likewise infringing and constitutes unfair competition and passing off where applicable. If the Marks are well-known/famous, your conduct may also give rise to dilution claims (blurring/tarnishment) where recognized.
Demands
Accordingly, we demand that you, your affiliates, officers, employees, agents, distributors, and any third parties acting in concert with you, immediately:
-
Cease and desist from all use of the Marks and any sign that is identical to, or confusingly similar with, the Marks in any form, including on packaging, labels, product, advertising, marketing, websites, domain names, social media, and meta tags/keywords.
-
Remove and permanently disable all infringing product detail pages, listings, advertisements, and promotional materials from all online and offline channels under your control, including but not limited to [platforms/websites].
-
Recall, segregate, and refrain from distributing, selling, offering for sale, exporting, importing, or otherwise disposing of any inventory, packaging, labels, molds/plates, or promotional materials bearing the Marks or confusingly similar signs; and within 14 days, confirm secure destruction or delivery up to us (for destruction) of all such items.
-
Provide a complete written accounting within 14 days, including:
- A list of all infringing products and variants;
- Quantities manufactured, in stock, and sold; manufacturing locations; and distribution channels;
- Dates of first and last sale, pricing, revenues, and profits associated with infringing goods;
- The identity of all suppliers, manufacturers, downstream distributors, and advertising agencies involved.
-
Implement and confirm a litigation hold/preservation of evidence for all relevant documents and ESI (including orders, invoices, artwork files, packaging specs, vendor communications, ad buys, web analytics, and listing management records).
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Provide a signed written undertaking within 7 days (in the form set out below) confirming compliance with each of the above items and agreeing not to resume any infringing or confusingly similar use in the future.
Undertaking and Assurances (to be signed by an authorized officer)
We, [Supplier Name], irrevocably undertake that we have:
- Ceased all use of [list Marks] and any confusingly similar signs in all media and channels;
- Removed and disabled all infringing listings and advertisements;
- Recalled/segregated all infringing inventory and packaging, and will deliver up or destroy them under supervision by [date];
- Preserved and will provide the requested accounting and records by [date];
- Refrained, and will continue to refrain, from any use, registration, application, or incorporation (including company names, domain names, social media handles, keywords, or app/store names) of the Marks or confusingly similar signs; and
- Instructed our affiliates, employees, distributors, and agents to comply with this undertaking.
Signed:
Name:
Title:
Date:
Notice of Remedies
If you do not provide the signed undertaking within 7 days of the date of this letter and complete the accounting and delivery up within 14 days, our client will pursue all available remedies without further notice. These include, as applicable: temporary/preliminary and permanent injunctive relief; impoundment, delivery up, and destruction of infringing materials; monetary relief (our client’s actual damages, your profits, statutory damages where available, enhanced/punitive damages for willful infringement), attorneys’ fees and costs; administrative enforcement; and, where warranted, referrals to enforcement authorities.
Nothing in this letter constitutes an exhaustive statement of our client’s claims or rights, all of which are expressly reserved. Any prior dealings between our client and you or third parties do not grant you any license or consent to use the Marks or similar signs.
Please direct all correspondence and the executed undertaking to the undersigned by no later than [time, date, and time zone]. If you contend you possess any authorization (you do not), provide the complete written instrument(s) and chain of title; absent such documentation, you must comply with the foregoing demands.
Sincerely,
[Law Firm / Counsel Name]
[Name], [Title], Attorney for [Company Name]
[Address]
[Phone]
[Email]
Enclosures: Exhibit A (Evidentiary Materials: photos, screenshots, and samples)
CC: [Company Name, In-House Counsel]
Note for implementation: Please insert the correct jurisdiction(s), registration particulars, and deadline(s). If a single governing jurisdiction applies, the statutory references in “Legal Basis” should be conformed accordingly and additional local grounds (e.g., unfair competition, passing off, dilution) may be added as appropriate.
