Yay!
I just came from my last class of the quarter! And I'm going home in a few minutes to eat the remainder of the totally awesome cheesy mashed potatoes from last night.Contrary to Soupie's claims, I make the "world's most awesome mashed potatoes." (Note the name change - so you can't get me on trademark infringement). Although in my house, we call them smashed potatoes...I'm not quite sure why.
While I understand that you believe substituting "most awesome" in place of "best" is enough sufficiently distinguish your product from my client's, my client and I both disagree on this matter. These two names are exceedingly similar and my client has had the name "The World's Best Mashed Potatoes" registered for the last 24 years. There exists a real possibility of confusion of the confusion between your product and my client's. In addition, you are trading on the established reputation of my client, and my client's product in order to secure financial gain and reputation for yourself. Also, my client has been marketing "The World's Best Mashed Potatoes" in your state and city for approximately the past 22 years, and has thus built up the requisite name recognition to establish a valid cause of action. I must therefore ask you to cease and desist in the use of the "world's most awesome mashed potatoes." It is not my intention to proceed to litigation, however if no other result can be reached, then bring it.
Cordially,
NDC, Esq.
From: Legal Quandary (please get the spelling right...Bitch)
RE: You're going down (and not in the good way)
I have hereby retained E. Spat as my attorney in this matter. Feel free to drop this frivolous suit and run and hide while you still can. She will be contacting you just as soon as she beats the will to live out of her Family Law outline. You've been warned.
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