Or perhaps you’ve received a letter accusing you of infringement? Cease-and-desist letters are a common tool to address these situations.
Our skilled trademark attorneys customize each letter to fit your unique situation. Depending on the case, we might send a stern, assertive letter to make a strong impression, or a more gentle, understanding notice if it’s a fellow small business. We aim to strike the perfect balance for each client.
The reality is, most trademark conflicts get sorted out without the need for court battles. Even when legal action is taken, it rarely ends in a courtroom verdict. Both sides usually prefer to find a faster, less expensive resolution to avoid the hassles and risks of litigation.
Before taking action, ensure you have thoroughly documented the infringement. Gather evidence such as screenshots, URLs, and dates to support your claim.
Before taking action, ensure you have thoroughly documented the infringement. Gather evidence such as screenshots, URLs, and dates to support your claim.
Work with a skilled trademark attorney to craft your letter. They will tailor the letter to your specific situation, whether it requires a strong, assertive tone or a more understanding approach.
Be ready for various outcomes, including compliance, negotiation, or potential legal action. Have a plan in place for each scenario.
Clearly state the infringement and outline the factual and legal basis for your claim. Avoid unnecessary jargon to ensure the recipient fully understands the issue
After sending the letter, follow up to ensure it was received and to discuss any potential resolutions.
Carefully review the letter to understand the claims being made. Compare the alleged infringement with your business practices.
Seek advice from a trademark attorney to assess the validity of the claims and determine the best course of action.
Consider how similar your name, product, or logo is to the complainant’s. Assess whether there is a legitimate conflict.
Think about potential compromises or adjustments you can make to avoid litigation. Sometimes, a small change can resolve the issue
Gather evidence of your use of the trademark, including dates and context, to support your position if needed.
If you choose to respond, maintain a professional and respectful tone. Your attorney can help draft a response that addresses the claims effectively.
— ERNIE SVENSON
— MADELAINE MARTIN
— EY MEDIA TEAM
If you need help with a Cease and Desist matter, contact Indie Law today. We’ll review your case and determine the best course of action.
We’re talking business names, logos, slogans… even podcast titles.
Lots of entrepreneurs don’t protect their trademarks until it’s too late. Book a free consult with our team to avoid the biggest, most dangerous mistakes that business owners make.
