BAMBERY LAW OFFICE
P. O. Box 71
DeWitt, Michigan 48820
December 11, 2002
Re.: Infringement of Michigan Service Mark
Please be advised that we represent the Michigan Coalition for Responsible Gun Owners, which is the owner of all right title and interest in and to the mark MCRGO. This mark was registered with the State of Michigan Department of Consumer and Industry Services as #M 04939.
Our client just learned that you have begun to use the subject mark in conjunction with your web site, lobbying activities, news releases,
e-mails, etc. It is our opinion that your use of that mark constitutes an infringement of our client's registered service mark. By way of example only:
- Your web site is captioned MCRGO Board of Directors
- The use of the registered service mark in the name of your organization.
The Michigan Coalition for Responsible Gun Owners will be substantially and irreparably damaged should this infringe-ment continue. We therefore request that you immediately cease and desist from the use of our clients registered service mark. In order to mitigate further damages, the following actions on your part are required:
- Immediately termination of the MCRGO website,
- Immediate discontinuance of all use of the subject service mark;
- turning over to our client's representative all materials in your possession which bear the subject service mark; and
- an accounting of all use made to date of said mark;
- removal of the registered service mark from the name of your organization.
Please understand that should you not immediately take the above actions and should litigation become necessary, we will also demand:
- an award of damages; and
- an award of attorneys' fees.
Unless we receive your reply by December 13, 2002 we will presume that you do not intend to voluntarily take the necessary actions outlined above and we will have no alternative but to recommend to our client that they commence immediate legal action against you. It is imperative that you immediately close the website you created entitled, MCRGO Board of Directors and stop any use of the protected name MCRGO.
Very truly yours,
Attorney for MCRGO