Demand Letter

[Group name firm]

February 27, 2019

Bernard Montejo
Flying ABC service station Dealer [or whatever positions you can think of cuz I don’t know]
Gov. M. Cuenco Avenue
Cebu City, Cebu

Re: Legal Action Against Your Company

We are legal counsel for flying ABC, a corporation primarily engaged in the business of
manufacturing, distribution and sale of fuel products. As no doubt you are aware, sometime in January
2018 you entered into a 5-year contract of dealership with flying ABC. Having done so, you were able to
begin operations with your service station all while bearing the trademark and logo of flying ABC.
Consequently, said contract of dealership also obligates you to the dedicated, undivided, and exclusive
sale of flying ABC’s fuel products.

However, it has recently come to attention that a fuel tanker unaffiliated with Flying ABC and
bearing the logo of another, was observed discharging fuel products at your service station during a
routine inspection by Miss Tanya Julyar on April of the same year. Upon further inquiry into the matter
we discerned that, (1) there was no request for fuel, and (2) nor was there any delivery of the same
during that period. This is not only a gross breach of the stipulations of the contract of dealership, but
also a violation of section 155.1 of the Internal Property Code of the Philippines.

Under section 155.1 of the Internal Property Code, use in commerce of any reproduction,
counterfeit, copy, or colorable imitation of a registered mark……. or services including other preparatory
steps necessary to carry out the sale of any goods ……. which such use is likely to cause confusion, or to
cause mistake, or to deceive, without the consent of the owner of the mark is a violation under the IP
code. Having taken the services of the unaffiliated fuel product provider, an overt act of preparation for
its sale in an establishment bearing the trademark and logo of Flying ABC, while without the latter’s
consent, you are liable for the offense.

Furthermore, Flying ABC is not only deprived of profit but stands to lose the benefit and
advantage its logo and trademark provides; of which it has spared no time, money, and effort in earning
through meticulous means, the quality of its service and the confidence it subsequently provides its
consumers with.

Flying ABC is fully prepared to rescind the contract and initiate legal action against you unless
such injurious and illegal acts are discontinued.