Responding to a Cease and Desist Letter Alleging Trademark Infringement

If you are using a trademark to identify your goods or services, you likely put in time and effort into creating a trademark that you think will best identify and market your goods and services. Then, one day you receive a letter demanding that you immediately cease and desist from using the trademark because you are alleging infringing on the writer’s trademark. The letter likely states that if you do not, the writer will sue you, move for an injunction, and obtain a judgment against you which includes damages and attorneys’ fees.

This article provides you with assistance in analyzing and responding to the letter. Often times, the letter contains nothing more than boilerplate language that is sent in mass to anyone using a mark that resembles on any level the trademark at issue. After all, the Internet allows people to conduct mass searches for marks identifying goods and services and quickly claim that everyone’s mark is infringing theirs. But, that in and unto itself does not constitute trademark infringement.

Read the full article, "Responding to a Cease and Desist Letter Alleging Trademark Infringement," by Josh Borger.

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