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How serious is a cease and desist letter and can't i just stop using their brand after receiving it?

If I was to use a disney character in a marketing campaign for my product Im sure disney would try to stop me once they found out. It would really give me a huge boost for my product though and once disney sends me the c&d letter I would stop using it. Is that their main recourse? Just to send me a threatening letter at which point I stop using their brand and move on? Or should I be worried about future litigation?

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Attorney answers (5)

Reputation Level 15
This would be an extremely bad idea. This would clearly constitute trademark infringement and worst of all you are doing it for a commercial purpose. In addition, since you are not licensing the character, you would be depriving Disney of royalties rightfully due them.

Lastly, there is no way to be sure Disney would not go immediately to court rather than send you the warning you envision. If you are making money off their trademark, you can almost certainly expect litigation.

Reputation Level 20
Disney has always been very protective of their inventions, brands and characters.

I agree with Mr. Garner that your proposed approach is not a wise one.

Good luck to you.

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Reputation Level 12
The C&D letter is simply the beginning. It is to inform you of the wrong you are doing and to warn you of further legal action. The fact you already know you are acting improperly will create "willful infringement" and that could really increase any damages you will be required to pay if you lose a lawsuit.

My advice is to approach Disney before using their property and ask if you can.

Reputation Level 18
As the others have pointed out Disney is extremely protective of their intellectual property and would have no problem suing you. I hope you have a few tens of thousands of dollars that you have nothing better to do with then to spend on litigation that you cannot possibly win.

Reputation Level 6
The following link from Disney:

https://licensing.disney.com/Home/display.jsp?c...

is a description of their licensing program for consumer products.

You'll want a lawyer to help you through this.

Non-legal advice that is applicable to a lot of folks in business: If someone else's character is going to give a big boost to your product, it is likely worth the investment in the licensing effort. If the investment in a license is too high for the expected return, the risk of litigation is likely higher than the boost you are likely to get.

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