Q: what actions can be taken when a person breaches a private undrtaking, i.e. given to the trademark holder & not in court
The company/person who has a registered trademark comes to know that his trademark is being used by some other person/company. The trademark holder company sends a cease and desist notice to the infringing party upon which they gave an undertaking that they shall not use the said registered trademark. After a few days, the trademark holder comes to know that the infringing party still uses the said trademark, i.e. breached the undertaking given. What actions can be taken against the infringing party?
NOTES:
1. The undertaking is given to the trademark holder privately and not before the court.
2. Such a case is not filed anywhere.
A: If the "undertaking" as you describe it is an enforceable contract, then it might be breach of that contract. If there is no contract (i.e. settlement agreement or license), then there may be a valid claim for trademark infringement. It doesn't matter that the agreement was not part of a formal legal proceeding. If you are the party that owns the mark, I would be pleased to discuss your case further: 202-713-5292 (cell).
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