Cease and Desist Letter & Trademark Infringement Claims

Cease and Desist Letters for Trademark Infringement are where most trademark disputes begin. These threats are important to your business irrespective if you are sending the letter or have received a threat letter and need to respond.  Here is what you need to know.

Our clients fall into two categories. 

  1. Clients looking to enforce their Trademark Rights:  Some clients hire us to analyze and send a cease and desist letter claiming trademark infringement. These clients need an analysis on the strength of their trademark  rights and claims of infringement. If you don't protect your trademark, you could face a claim of waiver or laches which preclude you from asserting your rights in the future.  In short, you could lose your trademark altogether, even if it is registered.
      
  2. Clients who are being accused of Trademark Infringement:  Some clients have received a trademark infringement cease and desist letter and need an experienced trademark attorney to analyze the issue and respond. For these clients, they are either looking for an exit in exchange for a general release of claims or looking to fight back and defend their own brand or use of the words in dispute. If you ignore the threat letter, you could be forcing the other side to file a tradeamrk infringement lawsuit, something most clients seek to avoid.

Whether you need to enforce your rights, or defend against a threat letter or cease and desist demand, our trademark attorneys have you covered.  Contact a trademark specialist today to better understand your options and the cost of achieving your goals. If you don't protect your business, who will?

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Author


Enrico Schaefer

As a founding partner of Traverse Legal, PLC, he has more than thirty years of experience as an attorney for both established companies and emerging start-ups. His extensive experience includes navigating technology law matters and complex litigation throughout the United States.

Years of experience: 35+ years
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.