Receiving a cease and desist letter or any other threatening message from an attorney representing a third party can be unsettling. It’s natural to feel hurt, fearful, or even angry when someone accuses you of infringement. However, as a seasoned intellectual property attorney, my perspective is different.
When your mark catches the attention of another company or their legal team, it means you’re doing something right—your brand is making waves! If your mark wasn’t a potential threat, no one would bother to send you a letter in the first place.
Approaching these situations with the right mindset can make all the difference in resolving the matter swiftly and efficiently.
Turning Challenges into Opportunities
With this shift in attitude, we can begin by investigating the claims and assessing their validity. Remember, any legal claim must stand up in court and adhere to the rules of the Trademark Office. This means that the party sending a cease and desist letter must be prepared to follow through with legal action and back up their position with solid evidence. If they’re not, they could face a counterclaim or worse. Together, we’ll evaluate the situation to ensure that any steps we take are reasonable and justified.
Sometimes, the opposing party doesn’t have a legitimate case—they might be a “trademark bully” trying to flex their muscles or a troll looking for a quick payout from a business they believe won’t push back. In such cases, I work closely with my clients to protect their interests, either by resolving the situation or negotiating a fair settlement. For claims with no merit, involving me from the start can help defuse the situation quickly and effectively.
When the Shoe Is on the Other Foot
On the flip side, there are times when we discover that someone is using your mark without permission or causing confusion among consumers with a similar mark. When this happens, it’s our turn to take action.
Although pursuing a claim can be costly, I remind my clients that it’s a sign they have something valuable worth protecting. While imitation might be the sincerest form of flattery, it’s crucial to enforce your rights and stop the infringing use.
Just as we expect claims against us to meet legal standards, any claims we make must be solidly backed by evidence. Resolution could involve financial compensation, changes in branding, or other remedies. Before moving forward, we thoroughly investigate the situation to ensure our position is strong and avoid any accusations of frivolous litigation or potential counterclaims.
You Have a Claim…Now What?
Whether you’ve received a claim against you or are considering making one, it’s essential to have an attorney by your side. Once legal counsel gets involved, things can escalate quickly, so it’s important to understand the risks and costs associated with your situation and develop an appropriate strategy. A simple cease and desist letter or taking down a social media page can unleash a host of unforeseen consequences. You need to be prepared for what comes next.
If you’ve received a claim or believe you have grounds for one, consult with an experienced trademark or copyright attorney before taking any action. With over 25 years of experience in intellectual property law and trademark and copyright enforcement, we’re here to help. Contact us today for a complimentary consultation.