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Sending a Shot Across the Brow: Drafting An Effective Trademark Demand Letter
You’ve worked to come up with a brand that you are proud of that embodies the promise your company makes to consumers with its products and services. You registered your trademark and worked to infuse the mark with your brand message. But then you see someone else using a similar mark that seems too close to your own. “They can’t do that,” the CEO tells legal. “Make them stop!”
There is a lot to go into concerning enforcement of trademark rights and the requirements to carry a claim of infringement under the law. But short of all that, what is seen as a simple demand letter should be carefully considered before you send such a shot across the bow. Sometimes your fire will be returned, and you have to be ready for it.
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Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
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A Lawyer's System for Active Reading
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Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.