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How serious is trademark infringement?

Trademark infringement can result in the following legal consequences: Monetary reimbursement for losses to the plaintiff. An injunction requiring the defendant to stop producing/using/distributing goods with the trademark. Seizure of goods that use or incorporate the unauthorized trademark.

What do I do if I receive a trademark infringement notice?

After receiving notice of a trademark claim, your first step should be to contact a trademark attorney who is familiar with infringement cases.While dealing with an infringement claim, its important you refrain from making statements that are: Misleading. False. Improper.

What are the most common defenses to trademark infringement?

The most common defenses in trademark infringement, unfair competition and trademark dilution suits include descriptive fair use, nominative fair use, laches, unclean hands and trademark misuse, fraud in obtaining the registration, and application of the First Amendment.

Is a cease and desist letter enforceable?

A cease and desist order is not enforceable. However, this does not mean a cease-and-desist letter should be ignored. Cease-and-desist letters can be used as evidence against you if the dispute becomes a lawsuit. The letter demonstrates to the courts that the sender advised you that your actions were unacceptable.

Can a normal person send a cease and desist letter?

Anyone can send a cease and desist letter. An attorney does not have to be involved. However, an attorney can advise complainants on whether their rights have been violated and if they have legal and meritorious rights to send a cease and desist letter.

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How much is a cease and desist letter?

A lawyer will charge a client for its time to draft a cease-and-desist letter. The lawyer may also charge consultation fees and other costs associated with completing the task. ContractsCounsels marketplace data shows the average cease-and-desist letter drafting costs are $394.38 across all states and industries.

Can you fight a cease and desist letter?

Work with your lawyer to prepare a response. There is always a temptation to ignore the cease and desist letter that appears to have no merit. But that could be a dangerous path. In all but extremely rare circumstances, a response is necessary. Your attorney can help craft the appropriate response.

What happens if you ignore a cease and desist order?

Youll end up in a lawsuit. If you ignore a cease-and-desist letter, the next thing waiting for you could be a summons and complaint, alerting you that youve been officially served with a lawsuit.

How do I submit a cease and desist letter to a trademark infringement?

Cease and desist letters can take many forms (here is one example), but there are six essential components. Proper Address of Infringing Party. Proof of Your Trademark Rights. Details of the Infringement. Reasonable Time Frame for Infringing Party to Respond. Demand for Written Assurance of Compliance.

How serious is a cease and desist?

Even if the sender demands or requires action, cease and desist letters are not summons and complaints. The sender may threaten to file litigation if a response is not received, but the letter does not mean a lawsuit has been filed. Instead, the letter is a warning of sorts.

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