ost trademark dispute cases begin with a “cease and desist letter”—a demand from one company to another, telling them to stop using an already trademarked name, product or service, slogan, or logo.
Since 1999, EMP&A has represented hundreds of clients in all aspects of trademark infringement matters—either as plaintiffs or as defendants—and our goal is always the same: to provide cost-effective, experienced counsel and to seek a resolution that benefits the client’s brand as well as its business.
Many of our clients are small- to mid-sized businesses, but that doesn’t stop us from going up against some of the nation’s largest companies.
EMP&A has, in fact, successfully defended and resolved more than 20 cases against household-name organizations, with the result that our clients won permission to continue using their trademarks. Opponents have included:
- Gianni Versace S.A
- Kraft Group, owners of New England Patriots
- Payless ShoeSource Worldwide, Inc.
- U.S. Department of the Army
Our experience doesn’t end there; we have also received six-figure settlements for multiple clients; represented clients before the U.S. Court of Appeals for the Federal Circuit; and presented dozens of oral arguments before the Trademark Trial and Appeal Board (TTAB).
Have you received a ‘cease and desist’ letter, or are you thinking of sending one?
Key considerations to address include: How similar are the names, products, services, or logos? Are your businesses related? Who used the name first? Is there a compromise that might be reached? If the two companies vary greatly in size, will one end up looking like a bully? EMP&A has written and responded to countless trademark demand letters.
See links below for some cases and decisions that our firm has been involved in: