## Q78 key (Trademark Demand Response)

1. The response must acknowledge receipt and investigation without admitting registration validity beyond the public record, priority, strength, likely confusion, infringement, intent, damages, or any duty to change. Missed: a demand response becomes an evidentiary admission.
2. It should state the nonconceded defenses: marketplace comparison of CIRRUS NORTHSTAR ARRAY against NORTHSTAR ARC, distinct full wording and presentation, different core offerings, sophisticated $180,000 purchasing process, 46 third-party Northstar uses as potentially narrowing the shared term, one corrected vendor inquiry without transaction confusion, and no evidence of copying. Missed: the letter either ignores real overlap or overstates unproved third-party weakness.
3. It must not disclose the privileged naming file or affirm facts beyond the supplied independent-adoption position. It should avoid saying the claimant's mark is invalid or weak as a conclusion. Missed: privilege or credibility is surrendered unnecessarily.
4. Decline the demanded cessation, domain transfer, destruction, customer and revenue disclosure, and payment on the present record, while confirming ordinary preservation. Do not provide informal damages discovery. Missed: Cirrus gives irreversible relief before liability analysis.
5. Propose a 30-day mutual standstill, no escalation or new demand deadline during it, and a counsel-only discussion of consistent full-mark use, distinct presentation, and reasonable market-separation measures, all without admission or permanent commitment. Missed: the response provokes immediate suit or binds Cirrus before reciprocal agreement.
6. Preserve all defenses, counterclaims, and remedies in restrained language. Any letter within 700 words reaching these points, without threats or an invitation to broaden the dispute, satisfies the task. Missed: tone or verbosity creates a litigation event instead of controlled negotiation.