This article proposes an alternative to sending cease and desist letters to "friendly" trademark infringers, noting that some fan sites provide benefits to a brand owner. The authors suggest sending a formal but not un-friendly email offering to convert the otherwise infringing use into authorized use under a simple non-exclusive license, as long as the infringer agrees to certain terms.
Thomas A. Guida is a partner in the New York office of Loeb & Loeb LLP and can be reached at firstname.lastname@example.org. Shelly Elimelekh is an associate also based in the New York office and can be reached at email@example.com.
This article was first printed in the February 4, 2008 edition of the New York Law Journal. Permission for article reprint has been granted.