As every competent trademark attorney knows: beware sending
a cease and desist letter. There are
many strategic reasons for care: forum selection; admitting a likelihood of
confusion; and souring a potential profitable commercial relationship. One important consideration is appearing to
be a “trademark bully” with an overreaching claim—particularly against a small
company and when free speech interests may be involved. In the days of the Internet, you don't want your client portrayed as a "bully." Some of my favorite cease and desist letters,
include the Jack Daniels cease and desist letter and the recent Netflix cease and desist letter. The recent (relatively
hilarious) video by Velcro is perhaps the funniest educational video about
genericide and a brand I’ve seen. It is
truly worth a watch. I do have to say that
I didn’t even know Velcro was a brand until now. My apologies for my poor trademark usage.
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