TRADEMARK CEASE AND DESIST – ONLINE MARKETPLACE

To: [Seller/Marketplace Contact]
From: [Law Firm/Owner]
Date: [DATE]
Re: Unauthorized Use of [MARK] on [MARKETPLACE NAME]

BACKGROUND

• Owner: [MARK OWNER].
• Mark(s): [MARK], Reg. No(s). [###], first use [DATE], covering [goods/services].
• Infringing listings: [URLs/ASINs/Item IDs] with screenshots (Exhibit A).
• Confusing similarity: [Describe how mark, logo, trade dress are used]; goods are [identical/related].
• Goodwill: [OWNER] has invested substantial resources in the [MARK] mark since [DATE]; consumers associate [MARK] with [OWNER’s] goods/services.

LEGAL BASIS

• Trademark infringement under 15 U.S.C. § 1114 and § 1125(a) (likelihood of confusion, including initial interest confusion).
• Violation of [MARKETPLACE]’s IP policy; if counterfeits, violation of consumer protection and anti-counterfeiting laws.
• Bad faith indicators: [counterfeit/price under market/false origin/using Owner images/trade dress/pattern of infringing ASINs].

DEMANDS

1) Immediately remove all infringing listings and images using [MARK/LOGO/TRADE DRESS].
2) Cease any further use of the Mark(s) or confusingly similar marks on [MARKETPLACE].
3) Provide a written confirmation by [DATE] that you have complied and will not resume infringing activity.
4) Disclose supplier/source of infringing goods and inventory counts (optional/strategic).

RESERVATION OF RIGHTS

• Owner reserves all rights and remedies, including marketplace takedown, injunctive relief, damages, and attorneys’ fees where available.
• This letter is not a complete statement of Owner’s rights.

RESPONSE

• Send written confirmation to [CONTACT/EMAIL] by [DATE]. Failure to comply may result in immediate takedown requests to [MARKETPLACE] and enforcement action. If you listed in good faith and are willing to remove and desist promptly, we are prepared to resolve without further action.

ATTACHMENTS

• Exhibit A: Screenshots of infringing listings (captured [DATE]).
• Exhibit B: Trademark registration certificate(s).
• Exhibit C: Marketplace listing details/ASINs.