ExtortionLetterInfo Forums
Retired Forums => Legal Controversies Forum => Topic started by: Robert Krausankas (BuddhaPi) on November 21, 2011, 04:44:47 PM
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Cease-and-desist letters remain an effective tool for stopping trademark infringement without the expense of litigation. However, “bullying” smaller competitors with far-fetched infringement allegations may land yourself and/or your company in a social media nightmare. Individuals and organizations on the receiving end of cease-and-desist letters are increasingly utilizing internet sensations like Facebook,™ Twitter,™ and YouTube™ to launch “shaming” campaigns against their accusers.
Same principles apply to copyright, again if you step into the arena, be prepared to be called out!
http://www.fredlaw.com/areas/trademark/Articles/trade_1111_llm.html
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Most of those cases seemed very heavy-handed against the little guy. When you are smaller, trying to outspend and outlawyer a larger opponent is a bad idea. Publicity, creativity, and being fast-moving helps smaller companies equalize the fight a bit.
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Those letters about trademark infringement are trash.
Unless the trade name can be confused with an existing and competing product, the territory is the same, and the product is of the same kind, it's utterly a waste of time.
That's why there could be "Eagle" pencils and "Eagle" tires in the same market.
S.G.