SAMPLE DRAFT OF A CEASE AND DESIST NOTICE IN IPR

NOTE: The facts, names, events, and circumstances presented in this article are entirely fictional and created for illustrative and informational purposes only. They should not be construed as actual facts, legal advice, or representations of any real person, entity, or event.

Dated: 22-08-2024

To,

STFU Solutions

69, Lane No. 09, Meera Nagar

Surat, Gujarat -394210

Sub:                        Notice to Cease and Desist infringing our client’s rights

WITHOUT PREJUDICE TO ANY RIGHTS OR CONTENTIONS OF OUR CLIENT

Sir/Ma’am,

Upon the specific instructions from and on behalf of our client WTF Inc., registered office at 24 Khau Gali, XYZ (hereinafter referred to as “our client”), we hereby serve you, the noticee, following cease and desist notice:

1. That our client is a renowned food tech company founded by Mx. Gordon Lakshmansay. Our client is incorporated as a private company under the provisions of the Companies Act, 2013, having CIN: U43299MP2024PTC096969, registered with the ROC of XYZ, being operational since 25-06-1975. Our client deals with the development of technologies in the field of the food industry. Our client’s objective is to touch the hearts of its clients with its most innovative food tech.
2. That our client generated a revenue worth Rs 900 Cr. from the said software during the preceding year, 2023. Our client had invested more than Rs 20 Cr in just the advertisement of its software, thereby taking its sales and distribution to all new heights. The software has sales not just in India but globally also. For Advertisements and sales, our client has also collaborated with world-class chefs Gordon Ramsay and Sanjeev Kapoor, making our client a global leader in the food tech market globally.
3. That our client, in January 2023 developed its most innovative AI software called the “GET SET COOK”. It is an AI-trained application that works on the command prompt model and can create original fusion food recipes. The recipes are further substantiated by the voice of Mx. Gordon Lakshmansay, which guides whoever wants to make food following that recipe. With respect to the said software, our client has the following rights:
   1. Our client holds the Patent right of this software, its code and any fusion recipe which would be generated through the software, bearing patent number G06Q0030020000, registered and published in January 2023;
   2. Our client holds Copyright rights over the software bearing diary no. 21030/2023‐CO/A since January 2023. This right also includes the right over the sale, purchase, and distribution of its software, its source code and any recipe which it might generate.
   3. Our client holds the Trademark over the words “GET SET COOK (GSC)”, bearing no. 3740093, published on 31/01/2023 in the trademark journal.
4. That our client’s software had generated a fusion recipe “Delulu Chicken Roast” in March 2023. Being impressed by the name and delicious flavor of the recipe, our client further obtained a trademark for the word “Delulu Chicken Roast” in March 2023, bearing number 3246090, published on 14-04-2023.
5. That you have developed and launched the “SET and GET CREATE (SGC)” application, which not only mimics the functionality of our client’s “GET SET COOK (GSC)” but also utilizes the same command prompt model. This constitutes a direct infringement of our client’s patent rights under the Patents Act, 1970, as your application uses the patented processes and algorithms developed by our client without any license, permission or fair use. Additionally, the likelihood of consumer confusion is prioritized over fair use, and the substantial similarities between our client’s and your applications are likely to mislead consumers.
6. That you have applied for trademark registration of “SET and GET CREATE (SGC)” of which we hold a right to oppose.
7. That the voiceover used in the SGC application closely resembles that of Mx. Gordon Lakshmansay, which is protected by our client’s copyright. The unauthorized use of this voiceover in your application infringes our client’s exclusive rights and misleads consumers into believing that SGC is associated with or endorsed by WTF Inc. Hence, infringing our client’s rights under the Copyright Act, 1957.
8. That the name “SET and GET CREATE (SGC)” is deceptively similar to “GET SET COOK (GSC)”. This similarity causes confusion among consumers regarding software, infringing on our client’s trademark rights under the Trade Marks Act, 1999. Additionally, the recipe “Solulu Chicken Roast” generated by your application is also deceptively similar to our client’s “Delulu Chicken Roast,” further infringing on our client’s trademark rights.
9. That even the logo which you associate with your application, “Set and Get Create”, is deceptively similar to that of our client’s logo. This further amounts to our client’s trademark infringement over “Get Set Cook” software.  Below is also reproduced the  side by side comparison of both the logos (the image on left hand side is the logo of our client’s application, while on the right is your application’s logo)

10. That the words “SET” and “GET” may be termed as generic, but the specific combination used in your application, alongside our client’s established trademark proves that it is deceptive and you have chosen such a name with a malafide intention, without any good faith, in order to deceive customers.
11. That you have marketed SGC as a competitive alternative to GSC, leading to substantial consumer confusion. Our client’s potential customers have reached out to you, believing SGC to be associated with or endorsed by our client. This misrepresentation not only harms our client’s reputation but has also resulted in significant financial losses.

In the light of above facts and circumstances, our client demands –

1. That you, the noticee, immediately cease and desist the use of our client’s trademark, copyright and patent and withdraw from any application you may have initiated in order to acquire trademark, copyright or patent which prejudices our client.
2. That you acknowledge the rights of our client provided under the Patents Act, 1970, The Copyright Act, 1957 and the Trade Marks Act, 1999. 
3. That you furnish an undertaking that you will not attempt to infringe any of our client’s said rights in future.
4. That you pay our client damages of Rs 2 Cr due to the copyright infringement resulting in business losses to our client.
5. That in case we do not hear from you noticee within 15 days from the service of this notice, our client will be compelled to take action against you by instituting appropriate proceedings.

(A copy of this notice has been retained in our office for necessary action, if need be.)

On behalf of

WTF Inc

24 Khau Gali,

XYZ

Date: 22-08-2024

Place: XYZ