爱华网[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 ourattention that you are building and operating stores having tradedress confusingly similar to the stores of our client. You havecopied the following elements of our client's trade dress, amongothers: _________.
This letter is formal notice that your use is an infringementof our client's trade dress rights under Section 43(a) of theLanham 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 alsoclaims copyright in its store design, which copyright you have alsoinfringed. We have reason to believe that your infringement isintentional and deliberate and that you are attempting to copy ourclient's business by copying its trade dress and store design.
Our client hereby demands that you immediately do thefollowing:
Cease and desist building and operating stores having tradedress similar to [Client_________] stores;Cease and desist any andall other violations of the Lanham Act and the copyright laws;and
Remove and destroy all elements of our client's trade dressand store design from your stores.
If you fail to comply with this demand, our client may seekrelief in court for an injunction and damages. Judicial reliefincludes, but is not limited to: destruction of the infringingarticles under 15 U.S.C. ?118; treble damages, your profits, anydamages sustained by our client, court costs and attorneys feesunder 15 U.S.C. ?117; injunction under 15 U.S.C. ?116;
injunction and damages under the copyright laws. Our clientsreserves all rights it may have. Our client neither waives norabandons its right by sending you this demand letter prior tofiling suit.
