Cease And Desist Letter Insert Brand Logo For Free

What are my options to respond to the suit? Challenging the claimed trademark; Denying that the trademark owner has proved infringement; Asserting a defense to the alleged infringement; and/or. Negotiating a settlement of the lawsuit by, for example, agreeing to take certain actions to avoid likelihood of confusion.

Responding to a cease and desist letter Having your attorney write a response letter to try bargaining with the other trademark owner for continued use of the name. Asking the other party for more information, including seeing their trademark to evaluate whether they have a legitimate claim.

What to Include in Your Cease and Desist Letter. The cease and desist letter should include a clear and concise description of the harassing or offending behavior. The letter should also include the amount of time you are giving the recipient to remedy the issue and possible consequences.

Dear [Infringer's Name]: We have recently discovered that your business is using the mark [mark/domain] for your service or product. We believe your use infringes on our ownership of the [registered trademark/domain] mark. We learned of your use of the same or similar [mark/domain] mark on [date].

The elements of a cease and desist letter are rather simple: Include your name and address. Include the recipient's name and address. Demand the recipient to stop the harassment. Send it via certified mail, return receipt requested.

"Cease and desist" means to stop what you're doing and refrain from continuing it, while a cease and desist letter tells the recipient to stop their illegal actions immediately. Sending such a letter can be appropriate if you believe your business's trademark is being infringed upon.

A letter from (or on behalf of) a trademark owner requesting that the recipient cease and desist from using an infringing domain name and demanding the domain name's cancellation or transfer and other remedies and assurances from the alleged infringer.

If your domain name or trademark is similar to another company's trademark, you can respond to the cease and desist by: Having your attorney write a response letter to try bargaining with the other trademark owner for continued use of the name.

A cease and desist letter is not legally binding and reflects the opinion of an individual, typically an attorney. A cease and desist letter may serve to warn an offender that legal action may take place if they don't stop the activity.

Once you have ascertained that the communication you have received is or is likely a cease and desist letter, it is important to decide on a course of action. While there is typically no legal penalty for ignoring a cease and desist demand, doing so is generally ill-advised.