Using your site we've noticed that someone is using our trademarked name "PhotoKey" and I was wondering what the process towards addressing that is. Would I need to send a cease and desist letter as the first step, or is there something I should do before that?
A well-written and specific cease-and-desist letter is usually a good first step. It will be taken far more seriously if it comes from a lawyer. Keep in mind that trademarks can be lost through lack of policing—so sending these letters is important to that end as well.
There is some new information on this question as of July 2014. Judge Jed S. Rakoff in the Southern District of New York issued a more detailed opinion which found that collecting legal briefs by lawyers (not just opinions and orders by judges) was fair use.
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