If you receive a cease and desist letter from another business claiming that you are infringing on their trademark or brand, there are several steps you should take to protect yourself.
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Review the letter:
Carefully read through the letter to understand the specific allegations, the scope of their trademark, and the remedies they are seeking.
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Conduct an internal review:
Review your business or product's branding and consider whether it could potentially confuse or mislead consumers. It is also important to identify whether you are using a similar trademark or brand name as the opposing business.
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Consult with an attorney:
Consult a licensed attorney with expertise in trademark law. An attorney can help you analyze the letter and understand your legal options. An attorney can also advise you on the likelihood of success if the dispute proceeds to litigation.
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Respond to the letter:
You may wish to respond to the cease and desist letter in writing. This response should be carefully crafted and take into account any facts or defenses that may be relevant. Your attorney can help you draft a response that can help resolve the dispute or prevent further legal action.
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Negotiate a resolution:
Consider negotiating a resolution to the dispute with the opposing business. This can include changing your branding or agreeing to certain restrictions on your use of the branding going forward.
If necessary, you may need to take further legal action in response to the dispute, such as filing a lawsuit to defend your rights. It is important to keep accurate records of all correspondence and actions taken in response to the dispute.
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