Cease And Desist Letters Against Chinese Companies. Just The Facts.

The email then lists out the following questions to which we need answers from our client to best position us to be able to determine an optimal cease and desist strategy:

• When were you [our client] founded, and when did you begin commercial operations?

• When did you start selling ______ product?

• When was your website initiated?

• When did you begin selling _____ product on your website?

• Do you sell and/or ship ______ product in every state?

• What marketing activities have you undertaken in the various states?

• When were you made aware that ______ company’s products were being sold in the United States?

• Are ________ company’s products only sold through Amazon?

• When did you file your U.S. Patent and Trademark Office (“USPTO”) trademark registrations?

• What pre-application trademark searches did you or anyone else conduct in the United States concerning the marks _______ and _______?  If you have any pre-application search results/materials, please email those to us.

• Have you registered your image copyrights?  If so, when?

• Did you create the images or were these created for you by an agency?  If by an agency, did you sign an agreement with the agency pursuant to which you own the images?  If so, please email us a copy of the agreement.

• If possible, please email copies of the images the _____ company is infringing.

It pays to have the facts….