[Date]

Northstar Arc Technologies  
[Address]

Re: Your Trademark Demand

Dear Sir or Madam:

I write on behalf of Cirrus Array Systems (“Cirrus”). This response is made without admission or concession of the validity, ownership, priority, scope, or enforceability of any right, or of infringement, likelihood of confusion, intent, willfulness, damages, or any other liability. We reserve all rights, defenses, objections, and remedies.

We acknowledge your federal registration for NORTHSTAR ARC and your claimed use. We do not concede that it covers Cirrus’s goods or services. Registration, however, supports validity and ownership but does not establish infringement. The comparison must be made from the full marks as encountered in the marketplace, including CIRRUS as the first and largest word in Cirrus’s logo, and not by mechanically isolating “Northstar.” We believe the overall commercial impression of CIRRUS NORTHSTAR ARRAY is materially different from NORTHSTAR ARC, particularly because Cirrus sells field-monitoring hardware and dashboards for solar-farm arrays, while your asserted goods are enterprise electrical-grid analytics and consulting.

Some customers and channels overlap, and the parties attended one trade conference together. That does not, in our view, establish likely confusion. Cirrus’s sales process involves sophisticated enterprise buyers and lengthy, expensive decisions: contracts average $180,000 and ordinarily require technical demonstrations, security review, procurement review, and executive approval over four to six months. Such sophistication and process may reduce confusion but do not eliminate it when marks and offerings are highly similar. We believe the differences in offerings and presentation here are significant.

The word “Northstar” is used by many energy and engineering businesses. Our commercial search identified 46 active energy or engineering businesses using “Northstar” in a trade or product name. We do not rely on the legal status of those uses or on the extent of customer encounter, but the term’s common industry use is relevant to the practical strength of that element.

The single vendor email in which an equipment vendor asked whether “the Cirrus Northstar booth” was part of your group was an isolated inquiry and momentary uncertainty. It was corrected after Cirrus supplied its full name, and no customer, contract, payment, or support request has been misdirected. Such an incident is relevant but not conclusive evidence of actual confusion.

The name was independently adopted, without reference to Northstar Arc and without intent to suggest affiliation, sponsorship, or approval. We do not disclose privileged naming materials, but independent adoption is relevant to intent, though we do not treat it as a standalone answer.

At this stage, we decline your demands to cease all use, transfer the domain, disclose customers or revenue, destroy materials, or pay damages. Informal production of customer or revenue information is not appropriate absent agreed scope, confidentiality, and a controlled process. We also do not agree to any permanent change before discussion and agreement.

We are prepared, without admitting any obligation, to discuss a 30-day standstill and a narrowly controlled counsel-level exchange focused on presentation and market-separation measures, including consistent use of CIRRUS NORTHSTAR ARRAY, distinct visual presentation, and possible targeted clarifications to shared enterprise customers. During the proposed standstill, neither party would make new public accusations, and any discussion would be confidential, without admission, and conducted with appropriate protections.

Please confirm whether you are willing to proceed on these terms within five days. We reserve all rights and remedies.

Sincerely,

[Name]  
Counsel for Cirrus Array Systems