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附录四：SAMPLE DEMAND LETTER
? Copyright 1999 by James W. Martin All rights reserved.
St. Petersburg, Florida
Note: This article is for background purposes only and is not intended as legal advice.
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[Letterhead]
[Date_________]
[Name_________]
[Address_________]
By fax to [Fax #_________]; phone [Phone #_________]
And by FedEx Priority Overnight
And by email to [Email address _________]
And by U.S. Registered Mail Return Receipt Requested
Re: Client
Dear _________:
This office represents [Client_________]. It has come to our attention that you are building and operating stores having trade dress confusingly similar to the stores of our client. You have copied the following elements of our client"s trade dress, among others: _________.
This letter is formal notice that your use is an infringement of our client"s trade dress rights under Section 43（a） of the Lanham Act, 15 U.S.C. ?125（a）. Two Pesos, Inc. v. Taco Cabana, Inc., 60 U.S.L.W. 4762 （1992 WL 141119 （U.S.））. Our client also claims copyright in its store design, which copyright you have also infringed. We have reason to believe that your infringement is intentional and deliberate and that you are attempting to copy our client"s business by copying its trade dress and store design.
Our client hereby demands that you immediately do the following:
Cease and desist building and operating stores having trade dress similar to [Client_________] stores;Cease and desist any and all other violations of the Lanham Act and the copyright laws; and
Remove and destroy all elements of our client"s trade dress and store design from your stores.
If you fail to comply with this demand, our client may seek relief in court for an injunction and damages. Judicial relief includes, but is not limited to: destruction of the infringing articles under 15 U.S.C. ?118; treble damages, your profits, any damages sustained by our client, court costs and attorneys fees under 15 U.S.C. ?117; injunction under 15 U.S.C. ?116;
injunction and damages under the copyright laws. Our clients reserves all rights it may have. Our client neither waives nor abandons its right by sending you this demand letter prior to filing suit.
Please confirm in writing to this office that you will comply with this letter within one week of its receipt.
Very truly yours,
[Lawyer _________]
cc: [Client_________]
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附录五：SAMPLE ENGAGEMENT LETTER
? Copyright 1999 by James W. Martin All rights reserved.
St. Petersburg, Florida
Note: This article is for background purposes only and is not intended as legal advice.
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[Letterhead]
[Date_________]
CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION
[New client"s name_________]
[Address_________]
Re: Legal Representation
Dear _________:
This will confirm that you have retained me to represent your interest in connection with _________.
The scope of representation is as follows: _________.
You are going to furnish me copies of the following documents before I start working: _________.
I will begin work as soon as I receive a fee retainer of $_________ from you. The retainer will be deposited to my trust account and will be applied toward fees and costs as earned and incurred. As that retainer is used up, additional retainers will be billed to continue the work.
Fees are based on the amount of time spent at hourly rates of $_________ for me and $_________ for my paralegal. You will also pay for such costs as copies, postage, fax, long distance, recording, FedEx, courier, etc. Enclosed is my resume, which I gave you at the initial conference and which explains how I bill for my services. If you have any questions, please do not hesitate to call.
The range of fees for this work will vary with the amount of time it takes. I estimate that fees will be a minimum of $_________. [optional: It is not possible at this time to estimate how much more they may be, but I should know more once the suit is filed and the defendant is served and responds.]
Please note that the scope of my representation does not include advice or services regarding the following: accounting, tax, financial, business, management, and related non-legal matters and advice （I advise that you engage a CPA, tax attorney or business consultant to advise you regarding these matters）; title searches, surveys, inspections and other non-legal work relating to real estate （I advise that you engage a title insurance company, abstractor, surveyor or other licensed professional to provide you these services）; securities, labor, and other legal matters not handled by this firm （I advise that you engage a lawyer who specializes in these matters if you need such advice）. I would be happy to refer you to others who may provide you these services.
I appreciate your trust and confidence in asking me to assist you. I will endeavor to do my best for you at all times.
Very truly yours,
[Lawyer_________]
Enclosures
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附录六：Sample Fax Letter
[Letterhead]
NOTICE: This is privileged and confidential and intended only for the person named below. If you are not that person, then any use, dissemination, distribution or copying of this is strictly prohibited, and you are requested to notify us immediately by calling or faxing us collect at the numbers above.
No. of Pages _________
Date Sent _________________________ Time Sent _______________ Person Who Conf"d Receipt _________
[Date_________]
[Client_________]
[Address_________]
Re: [Client/Matter_________]
Dear _________:
[Body_________]
Very truly yours,
[Lawyer _________]
cc: [Client_________]