Have you received a cease and desist letter?

Do not let yourself be bullied into submission.

Trade Mark Infringement, Patent Infringement and Design Infringement.

We have noticed an increase in cease and desist letters sent by law firms that do not specialize in intellectual property.  Recently, several of our clients have received cease and desist letters, where there were clearly no grounds for infringement or the company making the claim had no enforceable intellectual property rights.

While false claims may be obvious to patent and trade mark Attorneys, cease and desist letters can be intimidating and stressful to any business owner, especially if the infringement claim is being made by a larger company or their legal representative.

What to look out for…

Look out for cease and desist letters sent by individuals or companies with no legal representation or cease and desist letters sent by legal representation that does not typically deal with intellectual property matters.

In some cases, these types of ceases and desist letters can constitute an unjustified threat and we can deal with them appropriately.

Sometimes cease and desist letters are justified.  This can lead to costly rebranding and wasted marketing resources in the old branding.

We recommend securing your own trade mark prior to any significant marketing investment.  If you do find yourself in this situation, we can assist you with a professionally drafted response letter and also with your rebranding.

On the other side…

If you believe another business is infringing on your intellectual property rights, speak to our patent and trade mark attorneys before threatening any type of legal action.

Without a comprehensive understanding of intellectual property rights, your threats could be unjustified and leave you liable for extensive legal costs.