Trademark Counterfeiting and Infringement are Serious Matters-
not to mention... criminal offenses.

Why sue?

Choosing a good name that is both appropriate and catchy is a serious effort for any business person. When someone comes up with such a name for their business, they want to be able to use the name exclusively to distinguish its business from any other business that provides the same or similar products or services. When one trademarks a particular business name, it's an investment in protecting the name, its exclusive use, and its uniqueness for its products or services.

Trademarks are very expensive. Trademarks are intellectual property. They are a serious responsibility. When an entity fails to diligently protect its trademark from counterfeiters and infringers, it can lose its exclusive right to the use of the name. Where would Coke, Pepsi, or even your local Safeway be if they hadn't protected their marks? The name means something to you-good, bad, or indifferent-their names mean something to you.

Trademarks are a federal protection. You might be surprised at how many times I've heard, "But, I'm not in your state. I can use the name if I want." Wrong. A federal trademark covers the entire United States. It doesn't matter whether your company is in my state, or not-we're both still in the same country-the United States! And speaking of countries, the United States and its citizens (business or otherwise) enjoy various reciprocal agreements and pacts with other nations with regard to trademarks (and patents), too.

Since its inception, The Write Word has diligently protected its good name and reputation. It does not like to have to go to court to enforce its rights under the trademark laws. However, sometimes it's necessary. Over the years, The Write Word has thoughtfully and cordially approached trademark counterfeiters and infringers and asked them to stop using the name (including those listed below), explaining that it owns the trademark for exclusive use of the name. In each case, The Write Word has promised not to take any legal recourse if the entity approached agreed to cease and desist and provide proof that they had done so. In no less than 20 instances, businesses agreed to quit using the name and did so. It is only in those instances where the trademark counterfeiter/infringer continued to use the name and, in so many words, told The Write Word to "take a hike" that we've been forced to take legal action.

Following are some of the trademark infringement/counterfeiting cases we've won.

Trademark
Counterfeiter/Infringer

Year
of Suit

Judgment
Amount

Comments

Cheryl Lynn Nash

1995

$25,000.00
compensatory
$5,000.00
punitive

Monetary award plus costs, and permanent injunction for willfully, intentionally, and maliciously using the name The Write Word after being requested to cease and desist.

Brian Arel

1997 (98?)

$5,000.00

Monetary award plus costs, and permanent injunction for willfully, intentionally, and maliciously continuing to use the name The Write Word after being requested to cease and desist.

Roger C. Parker

1997 (98?)

$5,000.00

Monetary award plus costs, and permanent injunction for willfully, intentionally, and maliciously continuing to use the name The Write Word after being requested to cease and desist.

Roger C. Parker

2000

$100,000.00

Monetary award plus costs, and continued permanent injunction for continuing to illegally, willfully, intentionally, and maliciously use the name The Write Word on his web site, books, and other materials.

All of the above monetary awards continue to accrue interest at the judgment rate until paid.
This site will be updated as other cases are completed.

If you like our name and wish to use it, please contact our attorney,
Daniel L. Hawes in Warrenton, Virginia and ask him for the terms of our license agreement.

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