So, it’s Friday afternoon, and you receive an unexpected Cease and Desist letter from an unfamiliar attorney or law firm. It might arrive via email, certified mail, or even look like junk mail. No matter how it arrives, seeing this letter can trigger a flood of anxiety: “Did we do something wrong?” or “Are we in big trouble?”
First things first: don’t panic. While a Cease and Desist letter demands attention, it’s not an immediate crisis. Federal officers are not going to show up at your door with an arrest warrant, and there is no immediate court date. These letters usually come from parties claiming trademark infringement, asking for damages or legal fees. Ignoring it won’t make the issue go away—it might only make things worse.
Here’s what you need to do:
- Stay Calm.
Approach the situation with a clear head. You’re not facing immediate legal action, just an invitation to negotiate. - Acknowledge Receipt.
Confirm you’ve received the letter, whether by email or signing for certified mail. This keeps things official and shows you’re taking it seriously. - Consult a Trademark Attorney.
Contact an experienced attorney right away. They can help you understand whether there’s any merit to the claim and guide your next steps.
What Not to Do:
- Don’t Halt Business Operations.
Continue running your business as usual unless advised otherwise by your attorney. Stopping everything could hurt your operations more than the letter itself. - Don’t Ignore or Destroy the Letter.
Avoid the temptation to toss it aside. Treat it like any important business correspondence—handle it properly. - Don’t Take Unapproved Actions.
Don’t respond or take any action beyond acknowledging receipt without your attorney’s guidance. Premature moves could affect your rights.
If you receive a Cease and Desist letter and are unsure what to do next, reach out to us for assistance. We’re here to help you navigate this situation effectively.