A cease and desist letter is a notice that informs you that you are infringing upon someone else’s trademark. It is important to take this type of letter or notice seriously, as there can be consequences if you ignore it. In order to protect your business, it is important to know what steps you should take when you receive a cease and desist letter for trademark infringement.
Understand the Allegation
The first thing you should do when receiving a cease and desist letter is to read it carefully in order to understand what it is saying. The letter should clearly outline the alleged trademark infringement, such as using someone else’s name, logo, or slogan without permission. Additionally, the letter will include demands or instructions on how to remedy the situation. DO NOT JUST FOLLOW THEM AND COMPLY it is important to seek legal advice before taking any action or speaking to the sender of the notice.
Once you have read and understood the cease and desist letter, it is important to respond appropriately. Depending on the nature of the alleged infringement, this may involve removing any infringing materials from your website or discontinuing the use of any infringing trademarks. It may also involve providing evidence that proves you are not infringing on anyone else’s trademarks or making changes that will help distinguish your brand from any other brands in question. In most cases, you should contact an attorney who specializes in intellectual property law for assistance in responding appropriately to a cease and desist letter for trademark infringement.
Take Action Quickly
It is important to take action quickly when dealing with a cease and desist letter for trademark infringement. The sender of the cease and desist may choose to pursue legal action if their demands are not met within a certain amount of time or if they feel that their demands were not adequately addressed by your response.. Responding appropriately to the sender’s demands quickly can help avoid potential litigation which can be both costly and time-consuming.
Receiving a cease and desist letter can be intimidating but understanding how best to respond will help ensure that your business remains legally compliant while protecting its interests. Handling claims appropriately can help your business resolve their trademark issues without incurring additional costs or risking further damage done by waiting too long before taking action on these matters. If you have been served a cease and desist and you have questions or need assistance responding to the claims made against you, click here to schedule an Initial Discovery Session with our trademark attorneys or call us at (888) 666-0062.
DISCLAIMER: The information contained in this article is for informational purposes only and is not legal advice or a substitute for obtaining legal advice from an attorney.