Skip to main content

Have you received a cease and desist letter?

By February 26, 2020January 11th, 2024Design, IP Insights, Patent, Trade Mark

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.

Our experienced patent and trade mark attorneys offer a free initial consultation and would be more than happy to discuss your options.  We will make sure you receive factual information and advice in response to any infringement claims.

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.

Call us - 07 3399 4625Free Consultation

Take advantage of our Free Consultation

Our experienced patent and trade mark attorneys will sit with you and assist in identifying and managing your IP assets in a cost-effective manner.

GeneralIP Insights
January 12, 2024

New Years Resolution 2024

Start Your New Year's Resolutions Today As the new year unfolds, it's the ideal time to bring your New Year's resolutions to fruition, whether you're developing a side hustle, launching…
DesignInternational IPIP InsightsPatentTrade Mark
December 6, 2023

Expanding Horizons

Securing Intellectual Property Beyond Borders At Wynnes, we recognise the significance of safeguarding your intellectual assets not only domestically but on a global scale. The journey of extending protection for…
Close Menu