How do you write a Patent Infringement Cease and Desist Form document?
CEASE AND DESIST LETTER: PATENT INFRINGEMENT
RETURN RECEIPT REQUESTED
Insert Name of the Infringer. Insert Address of the Infringer.
Infringer's Registered Agent
Re: Company Name v
Insert Name of the Infringer.
To Whom It May Concern:
Company Name is the owner of United States Federal Patent No. Patent Registration Number and other patent registrations pertaining to this patent. Company Name uses this patent in the United States in conjunction with description of how the Company uses the patent in commerce or in connection with the goods or services it provides. Company Name's federal registration and recognition has been in full effect for over Number of Years Registered years since the patent was registered and recorded by the United States Patent Office (see attached exhibits).
Company Name legally owns the patent upon which your short description of how the infringement is taking place, web site, product, advertisement, etc. is infringing. We have attached a copy of the federal patent registration data to this letter for your reference. Company Name believes that you are intentionally trading on the goodwill of Company Name by using a Patent that is identical and confusingly similar to Insert Patent Description and that your use of the Patent does or is intended to confuse or mislead customers seeking Company Name's products or services. This activity is actionable under federal law and causes you to be liable to Company Name in every state in which you have made sales or done business.
Your activities are unlawful and constitute unfair use, competition, intentional patent infringement and dilution, and false designation of origin. Federal Law provides numerous legal remedies for Patent infringement and dilution, including, but not limited to, preliminary and permanent injunctive relief, monetary damages, claim to a defendant's profits, destruction or confiscation of infringing products or items; and in cases where infringement is shown to be willful and intentional, legal fees and up to treble (3x) monetary damages. Company Name prefers to resolve matters such as these without the need to take legal action, but it is prepared to take any action it deems necessary to protect its rights and property.
You may avoid legal action by having an authorized representative sign this notice as indicated below and return the signed letter to us at the address listed below on or before Date. This letter is sent without prejudice to Company Name's rights and claims, all of which are expressly reserved.
City, State Postal Code
Phone: Phone Number
Fax: Fax Number
Email: Email Address
The undersigned covenants to take the following actions:
Immediately cease and desist from any and all use of the infringing patent(s), whether the patents are used in commerce or not, now or in the future. Insert whether a transfer of rights of the undersigned to any infringing domain names or other property must occur and the terms of such transfer. Immediately cease the use and distribution of all infringing products, works, works derived from the patents, whether obscured or not, and all copies of such infringing materials. Deliver an accounting of all sales or commerce your Company has engaged in using our Patent, including customer lists, invoices, models sold and prices.
Job title of signator, authorized signature or signer. Date when the contact was signed.