Trademark owners receiving "cease and desist" notices have options | Shapiro Croland
Trademark owners who receive "cease and desist" notices instructing them to cease use of their trademark should consider their options. Regal Derma recently asked me to review such a notice issued by Derma Regale. Derma Regale, a French skin cream manufacturer, asserted that its exclusive right to use its mark in connection with its products and services was infringed due to the confusion caused by Regal Derma's use of the mark in connection with its spa. Derma Regale is an $85 million, 4,500 employee international cosmetics company, while Regal Derma is a single location New Jersey spa providing skin care treatments in a market territory that is limited to a part of Bergen County. The law of trademark protects trademark owners in the exclusive use of their marks whenuse by another would be likely to cause confusion. Interpace Corp. v. Lapp, Inc., 721 F.2d 460, 462 (3d Cir.1983). A likelihood of confusion exists when "consumers viewing the mark would probably assume that the