Received mail for copyright infringement what to do

517 votes

You can reply to the notice with unconditional apology and delete the said logo or photo of cake in which you have used that logo. It is strange that for such a small issue you have been served with legal notice. There is nothing to worry and write the correct fact that due to unawareness and inadvertently for decoration you have used the said logo and you undertake to not use it again. This should serve the purposes.

Advocate Manisha T Karia LawRato

781 votes

Before commenting any further, we need to discuss the facts like what was the image you posted, how does that relate to the shoe-apparel brand, why did you make that logo on the cake top. Also need to see the image. Further, it may be an infringement of Trademarks and Copyrights of trade dress, which may be appropriately dealt with.

Advocate Abhishek Chandra Mishra LawRato

951 votes

Yes, this claim could potentially invite legal-proceedings against you/ your company/firm, for copyright and/or trademark infringement and passing off. This, needless to say is subjective. I would, therefore, need to review the cease and desist notice that you have been served with (ie the email) and study the nature of protection that the claimant (your opponent) has secured under law - to guide you meaningfully on this matter. Please ask Lawrato, to put you in touch with me, for taking this conversation forward. I often advise my clients on such issues and look forward to being of service to you.

Advocate Arjun Narayan LawRato

944 votes

It does amount to infringement. However, I would advise that you send a simple response via email that you respect their copyright and have no intention of infringing the same. I would need more information to provide a substantive response. Please feel free to get in touch if you need further help.

Advocate Rajeshwar Nandan LawRato