[varikin]

The outcome is great, but what happens when a small company sends out a friendly email like that without lawyers and things don't do so well? Has the company screwed themselves or will they just be back at square one when they have to involve the lawyers?

[kordless]

From experience, the other guys just go dark on you. I got a threat of libel from the companies attorney in response to my initial cease and desist. I rebutted the claim with them, but never heard back. After talking to about 10 attorneys, the estimate for fighting it in court is about $80K. Another option is to file for invalidation with the USPTO, which can be done without an attorney. Here's the whole story if you are interested: http://www.geekceo.com/entry/zoto-trademark

[cwkoss]

Wow, great write-up and sorry you've had to/are still going through this.

[larrys]

"but what happens"

The fear here (which isn't really detailed in the post because the OP has some experience in this area) is always going to be that you will say the wrong thing and somehow disadvantage yourself. If the respondent goes along and is willing to cooperate that won't happen. But if they don't there may be some nuggets in whatever you say that will come back to haunt you (just like talking to the police w/o an attorney might).

[willf]

I'm not a lawyer, but I think you're just back at square one — or perhaps a little ahead, given the good will involved. Of course, you've lost a little time, too.