This letter is written to you on behalf of my client, Paul J. Berube of 3720 Davinci Court, Suite 200, Norcross, Georgia 30092. It has come to my attention that you are using the name of "BENESCRIPTS" and/or “BENESCRIPTS.COM” to market goods and/or services to the general public.
This is to advise you that my client has been in business under the trademark BENESCRIPT for an extended period of time and has built a very large reputable business in connection with the use of that mark.
Your use of the above-noted mark in connection with offers of goods and/or services is in violation of the Lanham Act resulting in the wrongful appropriation of valuable rights of my client. I believe that your continued use of the mark noted above in connection with offers of goods and/or services is "likely to cause confusion, or cause mistake, or to "deceive" the public, resulting in wrongful appropriation of valuable good will of my client.
Demand is hereby made upon you to immediately cease and desist from the use of BENESCRIPTS or BENSCRIPTS.COM, or any similar mark, in connection with your goods and/or services, or on any similar products. Otherwise, my client will have no other alternative but to take whatever legal action may be necessary to protect its rights and to enjoin the use of any mark confusingly similar to my client's trademark. Demand is also made to discontinue the web site BENESCRIPTS.COM.
Trademarks and trade names are broadly covered and protected under Federal Law, more commonly referred to as the Lanham Act 15 U.S.C. 1051 et. seq. It is believed that you are violating one or more of the following:
...
