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Tackling "Friendly" Internet Trademark Infringers

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 tguida@loeb.comShelly Elimelekh is an associate also based in the New York office and can be reached at  

This article was first printed in the February 4, 2008 edition of the New York Law Journal. Permission for article reprint has been granted.