Prospective cease and desist letter for the situation where another medical marijuana collective is using your collective’s name
May 12, 2016
Medical Marijuana Collective Owner or Administrator
___________, California _____
RE: INFRINGEMENT OF TRADE NAME “___________”
TO _________ COLLECTIVE;
I believe you value your work as much as my client, the medical marijuana collective ____________ does. It has come to our attention that you have infringed his trade name “__________.” This infringement consists of the use of ____________’ registered name for a medical marijuana dispensary you intend to open in the City of _________, California as well as the use of a website in the name of my client’s registered business. That website advertises the aforementioned dispensary.
______________, a California registered non-profit unincorporated association, has been operating for many years under that name, has a long-standing presence on social media, and was registered with the Secretary of State on ___________. Their use has been open and notorious. Attached please find the certificate recognizing ___________ as being administered by ____________ in ___________, CA. Prior to determining the name for your dispensary, you should have checked the Secretary of State Business Lookup Website, as that would have shown you that the name “___________” was in use. It is with regret that we must inform you of that fact at this time and demand you desist in the use of the name “______________.”
Unfortunately, your use of the name “_____________” unlawfully misappropriates and misuses my client’s original and creative business name and deprives him of the benefits, privileges, and income from the exclusive use of that name. Your use of the name creates substantial confusion in the marketplace and makes it appear as though the two businesses are related. This constitutes an actionable violation of Title 15 Unites States Code section 1125(c). As you are aware, the businesses are not related. This constitutes a second cause of action, a violation of Title 15 Unites States Code section 1125(a)(1).
_______________ has not authorized your use of its name for your commercial purposes and, therefore, as Counsel for the owner of the business name, we demand that you immediately cease and desist from using and from permitting any third party to use the name “______________.”
Please contact the undersigned immediately at the following number so we can resolve this matter. If we do not hear from you within ten days from the date of this letter, we will be forced to pursue further action against you.
Attorney At Law
At Jay Leiderman Law, we have proven results over years of practice, and we are uniquely qualified to represent you in your time of need. We are situated in Ventura, California but we handle cases throughout the state. We have the expertise, experience and skill to handle numerous types of legal matters. Jay Leiderman is one of only a few CERTIFIED CRIMINAL LAW SPECIALISTS in the area. He handles every kind of criminal law case. He is famous for defending medical marijuana cases and computer hacking cases, though the bulk of his practice is a generous mix of those cases plus serious felonies and misdemeanors. Read more at his Wikipedia page: https://en.wikipedia.org/wiki/Jay_Leiderman or his homepage www.jayleiderman.com
This post does not create an attorney-client relationship and does not constitute legal advice. Moreover, the law changes over time. Always consult an attorney before determining what motion s to file and what the current law is as to any particular topic.
Criminal defense attorney and author Jay Leiderman, a California State Bar Certified Criminal Law Specialist can be contacted through the contact page of this website: https://www.jayleiderman.com/contact/