Via email:
June 24, 2008 11:24am
Good Morning [redacted],

Let me first say that this is by far the oddest “cease & desist” letter I have ever come across, professionally or otherwise, given the brand dilution that has already occurred with this product.

Ironically, when I ‘googled’® “just for kicks“, out of 1,790,000 total results the first was for “justforkicksmovie.com”, the second for an indoor sports complex in Illinois (”justforkids.org”), the third, fourth, fifth, and sixth were wikipedia & imbd articles for said movie & a tv series. In fact, out of the first 20 or so results I did not find a single page corresponding to your client; Justforkicks.com appears to be a badly designed portal for silicon valley. Is “Just for kicks” simply trademarked, or is too registered because I feel this could open up an entire new stream of business for your firm if the latter applies.

As an aside, I came across 256,000 results when doing a similar search for “silly string“, and a staggering 685,000 for silly string (no quotations). I assume you are aware of these and have already taken action.

All of that being said, in your attached .pdf I did not find any paperwork, filings, or registrations showing said trademark to be registered to your client. In order for us to comply with your request, can you please forward that along and I will see that our lawyer gets a copy of that to supplement this email.

Thanks for your time,