What Should I Do If I Receive a Cease and Desist Letter for Trademark or Copyright Infringement?
What Should I Do If I Receive a Cease and Desist Letter for Trademark or Copyright Infringement? Take a step back and consider the following before doing or saying anything to anyone.
SHOULD I RESPOND TO A CEASE AND DESIST LETTER?It is not uncommon to want to deal with the situation while you are in the heat of the moment. This is a big mistake.
Don't ignore it.
Do not call, text, email, or post anything on social media. You may later regret this.
Take a step back and evaluate the situation, do some research, and contact an attorney.
Save all correspondence and document all conversations in writing.
DON'T TALK TO ANYONE OTHER THAN AN ATTORNEYWhat you say can be used against you if you talk to the opposing party or their attorneys.
Statements that you make to the other side can be used as evidence to prove infringement.
It is better to allow an attorney to speak for you since you cannot take back your words.
Evidence of settlement negotiations or statements made during such discussions are not admissible.
BALANCE THE LEGAL CLAIMS WITH POTENTIAL BUSINESS RAMIFICATIONSWhat is the trademark or copyrighted content at issue worth to you?
Have you invested substantial resources?
Have you achieved significant consumer recognition?
Can you make a slight change that retains the essence but removes any potential infringement?