MAACO Franchising Inc. sent this Cease & Desist Letter to UnhappyFranchisee.Com.
Read the Unhappy Franchisee reply here: Uh Oh! Bullied By MAACO
Read the revised post: MAACO Franchise Complaints
Read the MAACO Cease & Desist Letter as a PDF (with attachments)
AUTO PAINTING I COLLISION REPAIR
September 7, 2016
Via Federal Express Overnight Delivery
Domains By Proxy, LLC
14747 N. Northsight Blvd., Ste. 111
Scottsdale, AZ 85260
unhappyfranchisee @ gmail.com
Re: Cease and Desist Use of MAACO Trademark and Defamatory Statements Dear Registrant:
The MAACO Franchising, LLC (“MAACO”) Legal Department has learned that you are displaying the graphic “Uh oh! Better Sue MAACO” on a website dedicated to “Unhappy Franchisees” (www.unhappyfranchisee.com ) (the “Site”). Enclosed, please find evidence of your use of “Uh Oh! Better Sue MAACO” in connection with MAACO’s federally protected trademark. “Uh Oh! Better Get MAACO!” is MAACO trademarked phrase, and you will note that the color scheme of the design and stylized logo on the Site are both confusingly (and purposefully) similar to MAACO’s federally protected trademarks (the “Marks”) and is actionable at law. For your reference, enclosed please also find confirmation of MAACO’s federally protected trademark from the United States Patent and Trademark Office.
Your conduct in using or causing to use a trademark that is confusingly similar to MAACO’s federally protected Marks, in commerce without authorization, is a violation of, among other things, the federal Lanham Act. Accordingly, you must immediately cease and desist your use of the Marks. Please send this office proof of your compliance within five (5) days of receipt of this letter by email to thomas.higham@drivenbrands. com or by mail to 440 South Church Street, Suite 700, Charlotte, North Carolina 28202.
Moreover, the Site indicates that “The Maaco franchise has an alarmingly high SBA loan default rate of 29%.” This statement is demonstrably false, and causes significant and irreparable harm to the MAACO brand and MAACO franchise sales. MAACO demands that you remove this false and defamatory statement immediately. If this statement is not retracted within five(5) days of receipt of this letter, MAACO intends to file a libel lawsuit.
Please be advised that MAACO reserves the right to undertake all appropriate steps to protect its trademark and its associated goodwill. If MAACO were to file a lawsuit against you, it would be entitled to seek, without limitation: (i) preliminary and permanent injunctive relief; (ii) monetary damages; (iii) disgorgement of any and all profits that have been realized through use of the Marks; (iv) reimbursement of attorneys’ fees required to prosecute any action against you; and (v) monetary damages associated with the damage to goodwill in the market.
In light of the foregoing, MAACO demands that you immediately cease and desist use of the Marks and remove the defamatory statement. You are further notified that if such activity continues, MAACO will take all actions necessary under state and federal law to protect its rights. This letter is made without waiver or prejudice as to any other rights and remedies which MAACO may have.
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