[name_________]
[address_________]
by fax to [fax #_________]; phone [phone #_________]
and by fedex priority overnight
and by email to [email address _________]
and by u.s. registered mail return receipt requested
re: client
dear _________:
this office represents [client_________]. it has come to our attention that you are building and operating stores having trade dress confusingly similar to the stores of our client. you have copied the following elements of our client\'s trade dress, among others: _________.
this letter is formal notice that your use is an infringement of our client\'s trade dress rights under section 43(a) of the lanham act, 15 u.s.c. ?125(a). two pesos, inc. v. taco cabana, inc., 60 u.s.l.w. 4762 (1992 wl 141119 (u.s.)). our client also claims copyright in its store design, which copyright you have also infringed. we have reason to believe that your infringement is intentional and deliberate and that you are attempting to copy our client\'s business by copying its trade dress and store design.
our client hereby demands that you immediately do the following:
cease and desist building and operating stores having trade dress similar to [client_________] stores;cease and desist any and all other violations of the lanham act and the copyright laws; and
remove and destroy all elements of our client\'s trade dress and store design from your stores.
if you fail to comply with this demand, our client may seek relief in court for an injunction and damages. judicial relief includes, but is not limited to: destruction of the infringing articles under 15 u.s.c. ?118; treble damages, your profits, any damages sustained by our client, court costs and attorneys fees under 15 u.s.c. ?117; injunction under 15 u.s.c. ?116;
injunction and damages under the copyright laws. our clients reserves all rights it may have.
