This is an example of a cease and desist letter that a restaurant could use to ask third party delivery companies to stop delivering from their restaurant. Sending such a letter would not commit a restaurant to any course of legal action.
Download this document or copy the text into Microsoft Word or another word processor. Wherever there is a [WORD] in brackets, you may remove the brackets and fill in the proper word relevant to your restaurant. This should only take 5-10 minutes total.
A proper cease and desist letter will be sent via certified mail.
If you need contact information for Postmates and DoorDash, it is here:
General Counsel, Postmates
425 Market Street, 8th Floor
San Francisco, CA, 94105
General Counsel, DoorDash
116 New Montgomery Street
San Francisco, CA, 94105
Cease and Desist letter template begins below this line
VIA CERTIFIED MAIL
[GENERAL COUNSEL’S NAME]
[CITY], [STATE], [ZIP]
Re: Infringement of Rights of [YOUR RESTAURANT NAME].
Dear [OFFENDING COMPANY]:
[YOUR RESTAURANT NAME] (“Our Restaurant”) is writing you this cease and desist letter in connection to your violation of our intellectual property rights and contractual agreements with other third-party delivery companies. Your use of Our Restaurant’s name and trademark is a violation of our common law trademark rights, common law service mark rights, and trade name rights, and this letter constitutes Our Restaurant’s demand that you cease and desist any and all use of these namesas well as delivery from Our Restaurant. You should immediately forward this letter to your attorney or any needed parties as necessary.
Our Restaurant is a food and beverage establishment providing high quality food and beverages to consumers in [YOUR CITY], [YOUR STATE]. Our Restaurant was registered as a [YOUR STATE] company in [MONTH YOU INCORPORATED], [YEAR YOU INCORPORATED] and has continually used [YOUR RESTAURANT NAME] (the “Mark”) throughout [YOUR CITY] as its brand name since that time. Since its incorporation, Our Restaurant has continually used the Marks in advertising campaigns and in the community, including through its website at www.[YOUR RESTAURANT WEBSITE].com which Our Restaurant registered on [DATE YOU REGISTERED YOUR DOMAIN NAME]. In addition, Our Restaurant has been actively involved in the community in its efforts to further promote its brand including its sponsorship of various events. As a result of these efforts, Our Restaurant’s customers, and the general public, have come to recognize Our Restaurant as an established and successful business.
Recently, Our Restaurant became aware of your use our Mark on your website and app, which allows placement of delivery at Our Restaurant through your service by visitors to your websiteand app. Under common law, trademark infringement occurs when a party utilizes a trade or service mark that creates a likelihood of consumer confusion. As you are undoubtedly aware, your use of our Mark creates the impression that we have a business relationship with you and an impression that we have given you permission to use our brand and offer delivery of our food and beverage through your service. However, we expressly deny you permission to do so.
In just the past few months, Our Restaurant has received a number of reports of actual consumer confusion. This presumably represents a small portion of consumers who are confused but never take the time to find another way to contact Our Restaurant and report the confusion caused by your use of these domain names.
Our Restaurant has several options under state law to enforce itslegal rights in the Mark. If Our Restaurant were to file a lawsuit against you, it would be entitled to seek: (1) preliminary and permanent injunctions; (2) actual monetary damages; (3) disgorging of any profits you have realized through your use of the Marks; (4) reimbursement of attorney’s fees required to prosecute a lawsuit against you; and (5) monetary damages for damage to Our Restaurant’s goodwill in the market.
Moreover, Our Restaurant has entered into an exclusive arrangement with other third party delivery services. Your use of Our Restaurant’s name and Mark and your allowing deliveries from Our Restaurant to be placed through your website and app are forcing us into violation of said exclusive arrangements. This behavior constitutes common law tortious interference of contract between Our Restaurant and our legitimate delivery partners.
Please be advised that Our Restaurant will undertake all appropriate steps to protect its Marks, its associated goodwill, and its contracts. You can avoid legal action by immediately ceasing and desisting from any and all infringing activity including use of the Mark and Our Restaurant’s name, as well as immediately ceasing to allow customers to place deliveries from Our Restaurant through your website and app. You must cease and desist all promotion and/or marketing of Our Restaurant on your domain names. You are hereby put on notice that Our Restaurant will be monitoring your use of our Mark and Our Restaurant name for this purpose.
If you or your attorney have any questions, please feel free to contact me.