Cease vs Desist. Are the two inseparable?

TrafficMonsterRRR · Nov 22, 2002

In cases of "mild" or "questionable" Tm infringment can a "Cease" be an acceptable resolution as opposed to a cease and desist?

In other words, if one removes the current site that alledegly infringes on someone's TM (and puts up photos of his cat) would that possibly satisfy the demand? Or os it an automatic admitance of the infringment? Does the "Complainant" side usually keep at it?

I am sure this varies by case, but do we have any recent experiences with such resolution ?

draqon · Nov 22, 2002

first of all, it depends on their complaint. Some trademark holders might insist that you stop using their domain altogether, and some might just insist you remove content that violates their TM.

Removing content is not necessarily an admittance of the validity of their complaint, it can be done simply to avoid legal action.

TrafficMonsterRRR · Nov 24, 2002

Dragon I appreciate your reply very much.

This complainant basically wants to have it all and is calling upon Common Law TM.

I think they should settle for removal of the content that allegedly violates their TM.