Trademark Cease And Desist Letters
Our trademark attorneys can prepare and send cease and desist letters to infringing and unauthorized users of your trademarks and related intellectual property. Cease and desist letters put the unauthorized and infringing user on notice that their use and continued use subjects them to legal liability. The failure to send a cease and desist letter can be used against you if you do not timely object to the infringer’s use of a similar or identical trademark for similar product and service offerings. The decision to send a cease and desist letter should not be made lightly. As an intellectual property owner, you need to be prepared for any of the following: 1) the receiving party’s refusal to acknowledge your letter, 2) the receiving party’s response and challenge to or actual seniority related to your trademark rights, or 3) the receiving party filing a declaratory judgment action in federal court seeking a finding of non-infringement upon your trademark rights. If your letter is ignored, the time you wait to take aggressive legal action in state or federal court will work against you. Our trademark attorneys take the time to explain the ramifications of each course of action while helping you police the unauthorized use of your trademark.
If you find yourself on the receiving end of a cease and desist letter, our attorneys are also experienced representing alleged infringers of trademarks and related intellectual property. Our trademark attorneys will meet with you and hear the facts related to your use and adoption of the alleged infringing designation. We will analyze and assess the following to best determine how to respond to the cease and desist letter: 1) your knowledge and awareness of the trademark owner’s trademark rights, 2) any actual instances of confusion since your use and adoption of the alleged infringing designation, and 3) the length of time that you or your company have used the alleged infringing designation. Other facts are also considered when assessing the strength or weakness of your defense to the allegations raised in the cease and desist letter.
Cease and desist letters and responses are regularly attached as exhibits in legal proceedings. Everything you do and do not say will be used against you. Recognize the seriousness of a cease and desist letter and contact our experienced trademark attorneys so that we can protect and preserve your rights.
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