Re: trademark infringement - promise to cease & desist

[ipstudent]

Re: trademark infringement - promise to cease & desist

What is the name of your state? Florida

I have a trademark infringer that has agreed to cease and desist. What sort of sworn statement can I have the infringer sign to say it will never happen again? Can I even do this? Would this be a contract w/o consideration?

Thanks in advance for an expeditious response.

 

[divgradcurl]

What would be the point of such a statement? If they have decided to "cease and desist" then everything is ok. If they decide to infringe at a later time, the agreement wouldn't buy you anything -- you would still need to go after them for trademark infringement.

But do save the correspondence you are having now -- that way if they do infringe at a later date, you can produce this as evidence that they were "on notice" that you held a trademark, and this would be evidence of "willful" infringement, which carries much stiffer penalties.