若干涉外英文律师函范本
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若干涉外英文律师函范本
[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 t o 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). t wo 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 a lso infringed. we have reason to believe that your infringement is intentional a nd deliberate and that you are attempting to copy our client\'s business by co pying 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 th e lanham act and the copyright laws; and
remove and destroy all elements of our client\'s trade dress and store de sign 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: de struction 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 u nder 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. our client neither waives nor abandons its right by sending you this demand letter prior to filing suit.