What should I do if I receive a cease and desist letter? Am I liable for trademark infringement? Am I liable for copyright infringement? Do I have to change my trademark?
Receipt of a cease and desist letter can bring on an avalanche of anxiety, anger, and confusion. 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 attorney
What 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 Ramifications
- What 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?
Once you have taken a step back, and hopefully considered speaking with an intellectual property attorney, you will likely want to address some important considerations. See Why Did I Receive a Cease and Desist Letter for Trademark or Copyright Infringement? - What to Consider