Crafting the perfect cease and desist letter

By Tim Lince

Drafting a letter demanding that an infringer cease its illegal activities is a standard task for many trademark practitioners. But each one needs to be carefully structured in order to achieve its objective – done well, a good cease and desist can actually lead to significant goodwill

When Chicago bar owner Jared Saul received a cease and desist letter on August 23, he immediately knew what it was about. With a Netflix letterhead, it was obvious that the letter was going to take issue with his trendy new pop-up bar the Upside Down, which was themed on the streaming platform’s popular show Stranger Things. What Saul did not expect was the unusual approach that the cease and desist took when addressing the unauthorised use of Netflix’s intellectual property.

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Issue 72