DISCLAIMER: This is a sample letter for educational, informational or illustrative purposes only. It should not beinterpreted as legal advice or applicable to any particular situation. Cease and desist letters should be tailored tospecific factual inquiries. Hence, this sample is not a substitute for the advice or consultation of an attorney.
May 23, 2012Mr. Stanley SmallBETA, Inc.102 North 23rd StreetRichmond, VA 23223Re: Infringement of the Registered Trademark"DEEP RIVER POOLS"Dear Mr. Small:We are counsel for ALPHA, Inc. ("ALPHA"), the common law owner of the mark"DEEP RIVER POOLS" (“mark”), and owner of a Federal registration for themark (Reg. No. 3456789).ALPHA has spent considerable time, effort and resources in developing andprotecting the mark. The mark has been used and promoted extensively formany years, with ALPHA having invested a considerable amount of money inadvertising the mark since 1996. As a result, the mark has become well-knownand instantly recognizable and famous in connection with the promotion of poolinstallation services, and acquired an extensive reputation and goodwill.It has come to our attention that you are using the mark "DEEP RIVER POOLS"
when promoting your pool installation services. Your use of the markconstitutes an infringement of our client's common law and registeredtrademark rights. The use of the mark is clearly likely to cause confusion as towhether the services being offered by you are associated with or endorsed byor otherwise affiliated with ALPHA's long-established campaign in the poolinstallation service industry. Your use of the mark constitutes an infringementof our client’s mark, "DEEP RIVER POOLS."In light of all this, ALPHA hereby demands that you immediately:1. cease all use of the trademark "DEEP RIVER POOLS";2. disable or terminate all display of the trademark "DEEP RIVERPOOLS" at any website that you own or control;