Cease and Desist – Unauthorized Use of “HOOD RICH”
Re: Unauthorized Use of the Registered Trademark “HOOD RICH”
Dear Mr. Anderson: We represent Sean Smith, the sole and exclusive owner of the United States federally registered trademark HOOD RICH, U.S. Trademark Registration No. [Number], in connection with [briefly describe goods/services, e.g., “apparel, lifestyle branding, and related merchandise”]. Our client has invested substantial resources over many years to develop and protect the HOOD RICH brand, which has become widely recognized in the marketplace and is associated exclusively with our client’s products and services.
Your Unauthorized Use
It has come to our attention that you have been using the phrase “HOOD RICH,” or a confusingly similar variation thereof, in connection with the promotion, sale, and/or distribution of goods and/or services in the United States without authorization. Your actions constitute:
- Trademark Infringement under Section 32 of the Lanham Act (15 U.S.C. § 1114);
- False Designation of Origin and Unfair Competition under Section 43(a) of the Lanham Act (15 U.S.C. § 1125(a)); and
- Dilution of a Famous Mark under Section 43(c) of the Lanham Act (15 U.S.C. § 1125(c)).
These violations expose you to substantial civil liability, including but not limited to treble damages, disgorgement of profits, statutory damages, attorney’s fees, and injunctive relief.
Immediate Demands
You are hereby ORDERED to:
- Immediately cease and desist from all use of “HOOD RICH” or any confusingly similar mark in commerce;
- Remove all infringing materials, including but not limited to physical goods, online listings, social media posts, advertising, and promotional materials;
- Provide a written accounting of all revenues generated from the infringing use; and
- Deliver written confirmation, within seven (7) calendar days of receipt of this letter, that you have complied in full with the above demands.
Notice of Enforcement
Failure to comply will leave our client with no choice but to pursue all available legal remedies without further notice, including filing a lawsuit in federal court seeking:
- A preliminary and permanent injunction;
- An order requiring the destruction of all infringing goods;
- Monetary damages, including statutory damages up to $2,000,000 per counterfeit mark per type of goods sold (15 U.S.C. § 1117(c));
- Recovery of attorney’s fees and litigation costs; and
- Any other relief deemed appropriate by the Court.
We urge you to treat this matter with the utmost seriousness. This letter is not a complete statement of our client’s rights, all of which are expressly reserved. Govern yourself accordingly.
Sincerely,
Legal
Enclosures: USPTO Registration Certificate for HOOD RICH
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