If you create anything worthwhile, you'll find others ready to appropriate it as their own. This includes names, products, services—you name it. Attorneys will advise you to protect your intellectual property, because if you are lax, you could lose the rights to your own material. The letter below was sent to a company who had chosen a product name remarkably similar to our own. CareerLab® is a federally-registered trademark. The offenders backed down immediately.
In another case, a software company stole a software version of my book, "200 Letters for Job Hunters," and began selling it in Office Depot and other major retail outlets. We sued, and the offending company paid us a $50,000 cash settlement.
January 3, 20-
Martin Boswell, President
The Executive Career Consultancy
385 South University Boulevard, Suite 4500
Los Angeles, California 90013
Re: CAREERLAB -- U.S. Trademark Registration 1,522,059
Gentlemen:
Our law firm represents CareerLab, Ltd., of Lone Tree, Colorado. We have been asked to contact you concerning your use of the mark "CareerCab" in association with an interactive CD-ROM designed to assist job seekers. Enclosed is a copy of U.S. Trademark Registration No. 1,522,059, issued on January 24, 1989, to our client for the mark "CareerLab." As stated on this certificate, our client has extensively used this mark in providing advice and consultation to individuals as to career decisions and directions since 1985.
In light of the directly competitive nature of your company's business, your use of the mark "CareerCab" constitutes a clear infringement of our client's trademark rights. We demand that you immediately cease and desist from any further use of the "CareerCab" mark and provide a complete accounting of all past sales of the "CareerCab" CD-ROM.
Please be advised that our client is prepared to take any steps necessary to protect its trademark rights in this matter. We request your written response by January 14, 20-.
Very truly yours,
Goldblatt and Voertrekker
Rodney Goldblatt
pc: CareerLab Ltd.
Enclosure
Certified Mail
Return Receipt Requested