It doesn't matter how you got the cease and desist letter -- in fact it may not even matter if you did at all. If you have infringed a trademark you can be sued without getting a warning.
You need to see a lawyer unless you decide simply to surrender to the other side.
I agree with Mr. Tan, unless the cross-motion does not actually raise new factual or legal issues already addressed in your original papers. But to play it safe and avoid waiver, answering appears to be wise.
It may or may not be. It appears that you are trying to ask whether the provision you have posted is enforceable, but that may very well depend on the relative situations of the parties, the nature of the negotiations and of the transaction, the locations of the parties and of the job, and other parts of the contract.
You have copyright in your photograph, but, as odd as it sounds, you do not have the legal right to sue someone for infringement of your photograph unless and until it is registered. You can find a lot of basic information at the link I have supplied.
These are the answers to this question -- there's nothing more to be said, except to warn anyone who published a website and may be reading this about how important it is to nail down exactly where the images you're using came from, and under what circumstances.
Daniel, thanks for the link to Oscar Michelen!
I have a feeling I know which company you're talking about! There are many charlatans in this field. Unfortunately, your right to sue them is almost certainly limited by the agreement you signed with them, which probably requires you to either arbitrate any dispute or to sue them where they are located, not where you are. On the other hand, if this was a recent charge on your credit card, you should at least initiate the issuer's disputed charge procedure.
Indeed, this sounds like a trademark problem. And when dealing with Major League Baseball, you don't want to even get close to that sort of "problem" -- they are very aggressive with their IP rights, both real and imagined.
It may very well be infringement, because you are describing a "use in commerce" of the trademark, even though you are not selling the samples. This is especially dangerous if you intend to let anyone keep the samples: Once these samples are out of your hands, you have no idea what will be done with them, and anyone looking at them can be expected to assume that the logos are authorized to be used on these products. Even if you only use these mockups in sales presentations, confusion is...