Trademark Cease & Desist
If you receive a trademark cease and desist or infringement letter, it can be a daunting, frustrating experience. However, hiring an experienced trademark attorney can greatly assist you in responding to the letter. At Intellequity, I can review the letter and determine whether the claims made against you are valid or not. I can also help you develop a strategy for responding to the letter and decide whether it is necessary to negotiate with the other party or proceed to litigation. I can also assist you in conducting a trademark search to ensure that your use of the trademark is legal and provide advice in case of further disputes. Overall, consulting Intellequity can help alleviate stress and guide you in making informed decisions regarding your trademark.
On the other side, if you're in a situation where someone is wrongfully using your trademark, it can be a frustrating and overwhelming experience. I can draft a cease and desist letter that is legally sound while also making it clear to the other party that their actions are infringing on your intellectual property. Additionally, I can provide guidance on the next steps to take if the other party continues to use your mark. With my knowledge and experience, I can help protect your trademark and ensure that your rights are upheld.
Read below for more detailed information on either receiving or sending a trademark cease and desist letter, or book a free 15 minute general information consult or a 1/2 hour detailed low cost consult that fits your needs. Expect exceptional service and legal work you can always rely on.
Receiving a Trademark Cease & Desist Letter
Receiving a trademark cease and desist letter can be a stressful experience. It can be devastating to hear that someone is claiming that you have infringed on their intellectual property rights. However, it is important not to panic and to respond in a professional and timely manner.
The first step is to carefully review the letter and assess the validity of the claims being made. If the claims are legitimate, it is important to take swift action to address the issue and avoid further infringement. It is highly recommended to seek the advice of an experienced trademark attorney to properly evaluate the situation and develop a response strategy that protects your rights while avoiding costly legal battles.
If after evaluation, it appears that the sender has a legitimate claim, there are options. If you would like to continue using your mark, negotiations might be started that could allow for concurrent use of the marks under certain, geographic, marketing, or other limitations. Maybe a simple modification of name is all that it takes to reach agreement. In this instance, I can help negotiate with the other party and draft any settlement agreement that is needed.
In more serious cases, where the sender has a legitimate claim and is asking for money damages, or where the sender's claim might be frivolous or weak, it is even more important to have an experienced trademark attorney involved. In this case, I can evaluate the legitimacy of the claims, assess the strengths and weaknesses of each side and balance that with the likelihood of suit to advise on the best way to handle the situation.
With the right guidance and approach, you can navigate the confusing world of trademark infringement and come out on the other side with your reputation and business intact. Receive a trademark cease and desist letter? Book a low-cost consult today!
Sending a Trademark Cease & Desist Letter
Believe someone is infringing on your well-earned and profitable trademark? Intellequity can help! Trademark infringement can be a frustrating problem to deal with, but it's important to take action in order to protect your intellectual property. The first step is to evaluate the strength of your mark (including whether it is registered) and any claims of infringement being made. You do not want to be seen as a trademark bully or otherwise pursuing a questionable claim.
If after that evaluation it appears you have a legitimate complaint, I can send a cease and desist letter to the infringing party, demanding that they stop using your trademark. This letter should be drafted by an experienced trademark attorney, like Intellequity, as it must be written in a way that is both legally persuasive and effective in discouraging further infringement.
If the infringing party does not respond to the letter, it may be necessary to take legal action. This can involve filing a lawsuit to stop the unauthorized use of your trademark and potentially recover damages. Whatever steps you choose to take, it's important to act quickly and decisively to protect and defend your trademark.
If the other party responds, I can provide reasonable options to facilitate the other party making a smooth and expedited transition away from any further use of their infringing mark. If the other party presents persuasive evidence as to why they should have use of the mark, a negotiated settlement could potentially be another option short of court. This settlement may include putting geographic, marketing or other limitations on the use of the allegedly infringing mark, or in having the other party modify their mark in a way that makes it cease to be confusingly similar to yours.
With the right guidance and approach, you can navigate the confusing world of trademark infringement and come out on the other side with your reputation and business intact. Want to send a trademark cease and desist letter? Book a low-cost consult today!
"Jim provides excellent and knowledgeable services for my band A.D.D. He has worked with me on U.S. Trademarks, as well as cease and desist documentation. If you are looking for great representation, Intellequity is the place to go!
- ADD Loud
"I recently hired Jim to draft an agreement on rights to a book I wanted to turn into a tv series or movie. He was extremely helpful. I felt like I was dealing with a friend, not an attorney. I am looking forward to using him in the future."
- Arnie Goodman
"Jim does a thorough job on the many projects we've sent his way. He has a wide range of knowledge on many areas and he takes the time to explain options! We'll continue to use him for our small media group because we get a more personal experience than the big law firms at better rates; with no sacrifice of quality of work."
- Stay Rooted Media Group
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The law firm is licensed to practice in Oregon. The information provided by this website is offered for general information only. It is not intended to be legal advice and does not establish an Attorney-Client relationship between you and this firm. For more detailed information on your particular situation, contact us at 503-877-0881.
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