FAQ for Infringers
Trademark Infringement: What Is Unauthorized Commercial Use?
The following FAQs are designed to guide you through the process of resolving the settlement fee and avoiding further legal action. Violators may face hundreds of thousands of dollars in civil liability. Ignorance of the law is not a defense. Click Trademark & Copyright Law Litigation, LLC, is not a law firm and does not provide legal advice. Compliance protects you from ongoing liability, as trademark law requires active enforcement by trademark owners.
5 Reasons to Visit® is not merely a “generic phrase” as it serves as the distinctive title and brand name for an ongoing publication. The key distinction here lies in how trademark law evaluates genericness and protectability. While certain phrases may seem descriptive or generic in everyday language, trademarks are assessed based on their use in connection with specific goods or services. A phrase that might be considered generic in one context (e.g., as a casual suggestion) can still be protectable as a trademark when it functions as a source identifier for a particular product or service, such as a publication title.
The difference becomes even more significant when the phrase is used in a commercial capacity. The integration of advertisements and e-commerce for commercial gain undermines any fair use defense, as fair use is for non-commercial, editorial purposes rather than profit-driven activities that trade on another's mark. By monetizing content under our client's Mark, you are engaging in unfair competition, free-riding on our established reputation to generate revenue, which is precisely the type of harm trademark law seeks to prevent.
Removal of the trademark alone or ignoring your warnings will not satisfy this issue, and a one-time settlement fee for past usage of the trademark to avoid potential legal action is required due to unauthorized use which constitutes trademark infringement. Visit “What is Unauthorized Commercial Use” link above to learn more.
Trademark infringement of the "5 Reasons to Visit" mark happens when it misleads consumers into believing that the infringer’s content is an official recommendation or endorsement from the trademark owner, falsely implying credibility and affiliation. This trademark is powerful because it has become strongly associated with advertisers, trusted travel-related content, creating brand recognition and consumer trust over time. Unauthorized use is illegal because it violates federal trademark law.
Why did I receive a cease and desist, and settlement fee notice?
Your use of the trademark in a commercial context (e.g., on your website, social media, or marketing materials) infringes our client’s USPTO-registered trademark, which is protected under the Lanham Act (15 U.S.C. § 1114). Trademark infringement occurs when unauthorized use causes consumer confusion, as seen in cases like Promatek Industries, Ltd. v. Equitrac Corp. (2002), where similar marks in the same industry triggered penalties (American Bar Association, 2018). The fine, ranging from $1,000 to $10,000, is a settlement offer to resolve this matter without litigation, which could cost you over $100,000 in damages and legal fees (Nolo, 2025). Click Trademark & Copyright Law Litigation, LLC serves as the duly authorized enforcement agent for Bryce Global Holdings, LLC, empowered to assert trademark prerogatives pursuant to agency principles and the Lanham Act's broad remedial scope. Querying our mandate merely underscores potential bad faith, amplifying exposure to exceptional case findings under 15 U.S.C. § 1117(a), wherein courts mandate fee-shifting and augmented awards to deter recalcitrant infringers. To see if you qualify for a discount, click here.Is this cease and desist letter legitimate, or is it a scam?
Yes, you should consult a lawyer if you have questions. No, if you ignore the three (3) demand letters, our client may choose to file a federal lawsuit within 7-10 business days with a request for a jury trial. The cease and desist is a formal demand grounded in the Lanham Act (15 U.S.C. § 1114), asserting infringement upon the federally registered trademark "5 Reasons to Visit" (Serial No. 99002577). Any attempt to dismiss this as fraudulent exposes you to claims of willful infringement, potentially resulting in treble damages, statutory penalties up to $2,000,000 per counterfeit mark, and mandatory disgorgement of profits under 15 U.S.C. § 1117, enforceable through federal litigation and equitable remedies such as preliminary injunctions.
What evidence do you have that I'm infringing on the trademark?
Pursuant to Federal Rule of Evidence 901, our evidentiary dossier may include website links, archived screenshots, social media screenshots, metadata timestamps, and web analytics demonstrating your unauthorized commercial deployment of "5 Reasons to Visit," establishing irreparable harm and a presumption of confusion under the Polaroid factors (Polaroid Corp. v. Polarad Elecs. Corp., 287 F.2d 492, 1961). Cessation of use, while mitigating prospective harm, does not absolve retroactive liability for past infringement, necessitating disgorgement of illicit gains and compensatory redress under the Lanham Act's remedial framework (15 U.S.C. § 1117). Absent a formalized settlement, residual exposure persists, including the risk of permanent injunctions, destruction orders, and civil contempt proceedings for non-adherence, compelling comprehensive resolution to foreclose all avenues of recourse.
How much time do I have to respond before you take legal action?
Failure to pay the fine by the specified deadline (10 business days) may prompt escalated legal action, including reporting your infringement to platforms like Google, Amazon, Facebook or Instagram, potentially leading to account suspensions or content removal. We may also seek a preliminary injunction to halt your operations immediately, as courts have granted in trademark cases (Cornell Legal Information Institute, 2025). If a lawsuit is filed and you don’t respond, a default judgment could result in monetary damages, wage garnishments, or asset seizures to enforce payment, as occurred in Tiffany (NJ) Inc. v. Luban (2003).How can I pay the settlement fee, and are there any discounts or payment plans?
You can pay your settlement fee securely via the online payment portal. Prompt payment ensures compliance and prevents escalation, saving you from potential damages up to $2 million for willful infringement (15 U.S.C. § 1117). To see if you qualify for a discount, click here.What steps must I take after paying the settlement fee to fully comply?
Upon payment of the settlement fee, you must immediately cease all commercial use of trademark (e.g., remove it from your website, social media, or branding). Within 7 days, submit written confirmation of compliance to Click Trademark & Copyright Law Litigation, LLC, via email, including screenshots of removed content. Failure to comply post-payment risks further action, such as Uniform Domain-Name Dispute-Resolution Policy (UDRP) complaints for infringing domains or additional fines. Compliance protects you from ongoing liability, as trademark law requires active enforcement by owners (USPTO, 2025).Can I dispute the settlement fee or claim fair use to avoid payment?
You may believe your use qualifies as fair use, however, fair use is a narrow defense under the Lanham Act (15 U.S.C. § 1115(b)(4)), rarely applicable in commercial contexts or the same industry (e.g., publishing), as courts found in Parklane by CMP (2023) (Lexology, 2023). Disputing the fine requires you to prove no consumer confusion, a costly process often exceeding $50,000 in legal fees. We encourage consulting an attorney to assess your options. The affirmative defense of fair use under 15 U.S.C. § 1115(b)(4) is narrowly inapplicable where your utilization of "5 Reasons to Visit" functions as a potentially confusing source identifier, engendering a likelihood of confusion or dilution by blurring under 15 U.S.C. § 1125(c). Courts routinely reject such defenses in analogous scenarios (e.g., KP Permanent Make-Up, Inc. v. Lasting Impression I, Inc., 543 U.S. 111, 2004), rendering you liable for compensatory damages, accountings of profits, and potential destruction of infringing materials upon entry of judgment. Non-payment risks platform takedowns and default judgments.How can I contact Click Trademark & Copyright Law Litigation, LLC
Payment must be made through the secure payment portal. If you prefer to pay by certified or cashiers check (personal checks are not accepted), please mail to: Click Trademark & Copyright Law Litigation, LLC, 860 6th Avenue South, Suite 1754, Naples, Florida 34102. Contact us by e-mail at violations@clicktrademarklaw.com. Click communicates exclusively through email to ensure ALL correspondence is documented in writing, providing a clear and precise professional record for our clients, infringers, and our agency, should legal action be initiated. Click is not a law firm and we do not provide legal advice.
What is copyright (©) infringement?
If you copy, distribute, display, perform, or create derivative works from someone else’s copyrighted material—whether text, images, music, video, software, or anything else—without permission—you are committing copyright infringement under U.S. federal law.
This means:
You can be sued for up to $150,000 per work infringed—plus attorney’s fees.
All infringing copies can be seized and destroyed.
You can be forced to pay all profits you made from the infringement.
Willful infringement can lead to federal criminal prosecution, fines up to $250,000, and up to 5 years in prison.
Claiming “I didn’t know” will NOT protect you in court.
What is trademark (®) infringement?
Trademark infringement occurs when any person or entity, without authorization from the trademark owner, uses in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services, where such use is likely to cause confusion, mistake, or deception among consumers—you are committing trademark infringement under U.S. federal law.
This means:
Your products can be seized without warning.
You can be sued for every dollar you made while using the mark—plus up to triple damages.
You can be forced to pay the trademark owner’s attorney’s fees (often tens or hundreds of thousands of dollars).
Everything with the infringing mark can be destroyed under court order.
If the infringement is willful, you could face federal criminal charges and years in prison.
Claiming “I didn’t know” will NOT protect you in court.
Is there a way to license the trademark instead of paying a settlement fee?
Licensing inquiries are entertained solely post-cessation and settlement, subject to stringent quality control covenants and royalty structures under 15 U.S.C. § 1127, with upfront fees commencing at $5,000 and ongoing exactions of 5% on gross revenues.
What are the next steps if I ignore this letter after 10 days?
Such inaction could accumulate to pressuring our client to file a lawsuit, which could lead to default judgments, executable through garnishment and levy. Complaints to digital service providers (Facebook, Instagram, X, TikTok, Etsy, Amazon, etc.) for takedown under the Digital Millennium Copyright Act (17 U.S.C. § 512) analogously applied, preliminary injunctive relief to enjoin operations, and full-scale litigation seeking actual damages, profits accounting, and treble enhancements for willfulness (15 U.S.C. § 1117). Compliance protects you from ongoing liability, as trademark law requires active enforcement by owners. To see if you qualify for a discount, click here.