A DISCUSSION OF LAW AND JOURNALISM

Tag: cease and desist letter

The Battle of West Orange

By Ryan Morrison

Many of you have seen the terrific response to a cease and desist letter. (Thank you, Above the Law).

LASIS has exclusively obtained the latest salvo in the battle of West Orange, copied and pasted below.

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Greetings and Salutations Mr. Kaplitt,

First and foremost, thank you for taking the time to draft a response to our cease and desist letter. Unfortunately, it seems you hit the “send” button too early, and we have received what we can only assume to be an attempt to blow off some steam at your keyboard before carefully thinking through the matter.

As we are not, as it turns out, “a big meanie” we shall officially disregard your letter, and grant you another ten (10) days to respond. However, if we hear nothing further we can only assume that, despite your working on this matter “pro bono”, your client is overpaying for legal services.

On the slim chance you truly meant to send us what you did, I hereby respond to each of your numbered points:

1)    Your first point noted the cost of creating and maintaining the government’s professional website (it is a nice website, isn’t it?) with the cost of your client’s rudimentary one.  As if that mattered.

You see, after du Pont[1], a major trademark case by any standards, a list of factors were agreed on to help future courts ascertain whether two marks were, or were not, confusingly similar. Among the 13 factors (see here) –“cost”?  Doesn’t make the list.

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