CEASE AND DESIST LETTERS / VOLUNTARY SURRENDER DOCUMENTS

Corporate/business/internet searches are usually required in respect of all enforcement methods in order to properly identify the persons served or to be served.

• Personal Service Model
  • Standard cease and desist documentation is served by an investigator or investigators, occasionally in combination with a police officer, requesting the immediate delivery up of counterfeit products and information regarding source of supply.
  • This method of service is effective when it is believed that product will be delivered up and/or information will be provided to the persons in attendance at the time of service. It allows for a count of counterfeit product out on display and reduces the number of attendances required by investigators. It also permits for an immediate assessment of any intelligence provided and the ability, if warranted, to immediately act on that intelligence. Cost is based upon the average service time of two hours at the hourly rates of the investigators and other enforcement personnel in attendance.

• Non-personal service Model
  • Unsupervised delivery of cease and desist documents, i.e. by courier, registered and/or ordinary mail.
  • This method is best utilized in out-of-the-way places to put someone on notice of your rights.

• Inclusion of an un-issued Statement of Claim Model
  • We sometimes recommend the service of a cease and desist letter together with a draft or un-issued statement of claim. This method is designed to communicate to the infringer that you are very serious about the enforcement of your rights and that you are ready to proceed with litigation (as evidenced by the un-issued claim) but that you are prepared to negotiate a resolution and not commence an action provided the resolution is achieved within a short and defined period of time.

In the event we are able to negotiate a resolution without recourse to litigation, we anticipate using a relatively standard form of agreement; we often refer to it as an Acknowledgment and Undertaking, which may include some or all of the following terms:

• An acknowledgement of your intellectual property rights;
• An undertaking not to infringe in the future;
• A relatively small up-front monetary payment to the intellectual property rights holder, with an increased monetary payment upon a breach of the agreement; and
• An incentive for the counterfeiter to provide supplier information.