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cease and desist letter is received for cleaning service

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Dear Professor,

Scenario:

Grade "A" Cleaning Services, LLC. (residential only).

You have been in business and profiting while making a well-established name for your business. Five years ago when you started your business, you created a special logo and unique name for your company. You also checked your name and registered with the USPTO. Recently, you received a cease and desist letter from another company that demands you stop using your name and logo. You do your research and find that the company that sent this letter is involved in the same industry as your company using a very similar sounding name and similar logo as you use. Not only that, but the company's web address is similar to your address. However, the company does not provide the same services or products as your company and this company is not associated in any way with your company. You also learn that the company was formed 6 months after your company was formed, has not registered with the USPTO, and is in a different state. Given this information you again contact your attorney and ask how a judge would rule if this case went to court, because you want to continue to stay in business using your present name and logo.

The paper should be set up in the format of a case brief, writing a brief where acting as a judge for the case that decides in your favor. This means that I need a rationale brief providing reasons why your company can keep your logo and tradename. Must use critical thinking skills to analyze why you should win this case. Case brief format found below (as attachemnt).

It must be at least 500 words, double spaced, New Times Roman or Arial font.

The following questions must be addressed:

Facts: What are the relevant (important) facts?
Issue: What are the legal issue(s)?
Law: What law(s) are at issue?
Holding: How would you answer the legal issue(s)?
Rationale: Why should a court rule on the legal issues in your favor? Explain your answer in detail.
What steps has your company taken, or can take, for securing your legal rights.

Once again, I am attaching my case brief requirements to utilize in this endeavor,

Best,
KDR

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Solution Summary

The expert cease and desist letter is received for cleaning service.

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https://apps.americanbar.org/buslaw/blt/2006-05-06/wilcox.shtml

http://www.patent-trademark-law.com/law/sued-cease-desist-letter-means/

It must be at least 500 words, double spaced, New Times Roman or Arial font.
The following questions must be addressed:
Facts: What are the relevant (important) facts?

First and foremost, (you) must understand that simply receiving a Cease and Desist letter does not mean "anything". The context of the letter, whether the letter was sent by a lawyer, and other salient factors must be ascertained before the letter can even be given credence by the receiver. I will first enlighten you on what a C&D letter actually represents, and then I will provide a summary on the probable outcome for this particular scenario. A C&D letter is "not" a legally binding document, it simply represents either the opinion of a company or the opinion of an attorney for the company. If the opinion in the letter is from the company without an attorney, 'you" have absolutely nothing to worry about or respond too. Even when a lawyer is involved, receiving a C&D letter is not an automatic guarantee that the person will be sued in court ...

Solution provided by:
Raushaun Rigsby, MSc
Education
  • Associates of Arts , Lone Star Community College
  • Bachelor of Science , Sam Houston State University
  • Masters of Science, Kaplan University
  • Masters of Science , Kaplan University
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