by Traverse Legal, reviewed by Enrico Schaefer - December 7, 2011 - h. Trademark Cease and Desist, Notice & Threat Letters
Just because you have a registered trademark, doesn't mean you can send a trademark infringement threat letter to everyone.
Here is a classic case of trademark bullying where someone with a trademark registration sends an unfounded trademarkinfringement cease and desist letter to "the little guy" and tries to broaden its trademark rights beyond what is allowed by law.
According to this New York Times article, fast-food chain, Chick-fil-A, sent a trademark infringement threat letter to Vermont small-business owner Bo Muller-Moore, a t-shirt maker, alleging that his hand-screened t-shirt slogan “Eat More Kale” infringes upon its registered trademark “Eat mor Chikin,” and is likely to cause consumer confusion and dilutes the distinction of their intellectual property. In response to the trademark cease and desist letter, Mr. Muller-Moore’s trademark infringement attorney sent a letter to Chick-fil-A contesting its claims, and rightly so.
Related Articles:
Chick-fil-A biting off a big trademark chew – Krios Consulting Blog
As a founding partner of Traverse Legal, PLC, he has more than thirty years of experience as an attorney for both established companies and emerging start-ups. His extensive experience includes navigating technology law matters and complex litigation throughout the United States.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.