How serious is a cease and desist letter and can't i just stop using their brand after receiving it?
Dallas, TX
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Posted 8 months ago in Trademark Infringement
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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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Answers (5)David C. Garner
This attorney is licensed in California.
Posted 8 months ago.
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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. Alan James Brinkmeier
This attorney is licensed in Illinois.
Posted 8 months ago.
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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. NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
Clark AD Wilson
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