You’ve discovered someone else using your name, brand, or copyrighted material. Naturally, your first instinct might be to reach out directly and ask them to stop. After all, why involve the time and expense of an attorney if a simple request could solve the problem?
In some cases, especially if the offender is an individual, a direct approach might work. However, before you make any move, it’s crucial to fully understand the situation.
No claim should ever be made without a thorough investigation. If the third party has rights that are superior to yours, a simple cease and desist letter could backfire, turning the tables on you. It’s essential to gather solid evidence to support your position before taking action. Sending a cease and desist letter or shutting down a social media account could open Pandora’s box, leading to a host of legal complications you might not be prepared for.
Moreover, direct communication with the other party can set off a chain of events—triggering a countdown to a statute of limitations or unintentionally giving the impression that you’ve accepted their actions. This could make it more challenging to enforce your rights down the line.
With over 25 years of experience in intellectual property law and enforcing trademark and copyright rights, we’re here to help you navigate these tricky waters. Contact us today for a complimentary consultation and ensure your actions are strategic and legally sound.