Free Trademark Infringement Memo Template
Trademark Infringement Memo
Memorandum
To: Jane Doe, General Counsel
From: [Your Name], [Your Title]
Date: March 5, 2050
Subject: Trademark Infringement Analysis: BrightWave
I. Overview of Trademark Rights
The trademark in question is BrightWave, which has been registered with the United States Patent and Trademark Office (USPTO) since January 15, 2050. This trademark is associated with lighting products and home decor and grants the owner exclusive rights to use the mark in commerce related to these goods. Under the Lanham Act, the trademark owner is entitled to prevent others from using a confusingly similar mark that could cause consumer confusion.
II. Details of the Alleged Infringement
Recently, it has come to our attention that ShinyLight Co., located at 1234 Light Avenue, New York, NY 10001, is engaging in actions that potentially infringe upon our trademark rights. Specifically, they have begun selling a range of LED lights and decorative lighting products under the name BrightLite, which could lead to consumer confusion regarding the source of their products.
III. Legal Analysis
To determine whether the actions of ShinyLight Co. constitute trademark infringement, we must consider the following factors under the likelihood of confusion standard:
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Similarity of the Marks: The marks BrightWave and BrightLite are phonetically and visually similar, with only one letter differing, increasing the potential for confusion.
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Relatedness of the Goods/Services: Both companies offer lighting products, making it likely that consumers may confuse the two brands.
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Strength of the Original Mark: BrightWave is a strong mark due to its distinctiveness in the home decor industry.
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Evidence of Actual Confusion: We have received reports from customers who mistakenly purchased products from ShinyLight Co. thinking they were from BrightWave.
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Intent of the Alleged Infringer: It appears that ShinyLight Co. may be attempting to capitalize on the goodwill associated with the BrightWave trademark.
Based on these factors, it appears that there is a strong case for trademark infringement. Relevant legal precedents such as Polaroid Corp. v. Polarad Electronics Corp. support the assertion that ShinyLight Co.'s actions are likely to confuse consumers.
IV. Recommendations
In light of the potential infringement, I recommend the following courses of action for the trademark owner:
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Cease-and-Desist Letter: Draft and send a cease-and-desist letter to ShinyLight Co., outlining the infringement and requesting that they cease their infringing activities.
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Negotiation: Consider opening a dialogue with the infringing party to explore a potential settlement or licensing agreement.
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Litigation: If the infringing party does not comply with the cease-and-desist letter, we may need to consider pursuing litigation to protect our trademark rights.
Please let me know how you would like to proceed regarding this matter.
Attachments: Copies of trademark registration and evidence of consumer confusion.
