LawRato

How to reply to a cease and desist notice in Trademark Infringement case

April 07, 2024

Table of Contents

  1. What is a Cease and Desist Letter?
  2. In what cases a cease and desist notice could be sent?
  3. What to do when you receive a cease and desist notice?

What is a Cease and Desist Letter?

A cease and desist letter is written communication, demanding the receiver “ cease and desist” from actions that infringe the sender's legal rights or ownership. Generally sent by an attorney or by a law firm, it threatens a lawsuit if the alleged violation of the sender's rights or ownership does not stop, and compensation for violations that have already taken place. It is important to note that it is not legally binding, but merely a first step before legal action. Cease and desist letters are used in many different situations, but they are most often used in connection with alleged infringement of intellectual property rights, such as trademarks, copyrights, and patents. A typical cease and desist notice lays downs the details of the extent of violation or misuse of the sender's legal rights. It also outlines the requisitions to be complied with by the infringer.
 


Talk to a Lawyer

In what cases a cease and desist notice could be sent?

A cease and desist letter can be filled in many issues such as - 1. Infringement of IP rights (trademarks, patents, copyrights) 2. In defamation such as libel and slander 3. Breach of contract 4. For Debt collection


What to do when you receive a cease and desist notice?

Comply With It

The easiest and most cost-effective way of dealing with a cease and desist letter is to comply with it. If the requested action is minor and will not disrupt your business, you may want to consider complying with the request.
 

Prepare a Response

Your response could be denying the claims with no explanation or denying the claims with a lengthy explanation, or suggesting negotiations to settle down the claims. If your claims are valid, you could also send your own cease and desist letter. You must address every point made and disprove all the unworthy points with credible evidence from your side. In many cases, your lawyer would draft and also send the response on your behalf, so that the other side knows that you are working with a lawyer.

Try to Negotiate

Sometimes the best option would be to negotiate with the party that sent you the cease and desist letter. For example, if the letter alleges that you are infringing on a trademark right, you could try to negotiate a license that would allow you to continue using the owner's trademark with his permission. While this cannot be applicable in all scenarios, negotiating can sometimes satisfy the needs of both parties and do away with expensive litigation.



These guides are not legal advice, nor a substitute for a lawyer
These articles are provided freely as general guides. While we do our best to make sure these guides are helpful, we do not give any guarantee that they are accurate or appropriate to your situation, or take any responsibility for any loss their use might cause you. Do not rely on information provided here without seeking experienced legal advice first. If in doubt, please always consult a lawyer.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Comments by Users


No Comments! Be the first one to comment.

Popular Trademark & Copyright Lawyers


Advocate H Gouri Shankar
Banjara Hills, Hyderabad
28 years Experience
Advocate Suksham Aggarwal
District and Sessions Court, Ambala
11 years Experience
Advocate Bala Janaki
330 Thambuchetty Street, Chennai
39 years Experience
Advocate Ravi Jadhav
Koregaon Park, Pune
16 years Experience

Related Articles


Connect with top Trademark & Copyright lawyers for your specific issue

Trademark & Copyright Law Articles


Preserving and Prospering: The Advantages of Trademark and Copyright Protection for Small Businesses

Types of trademark units in India

Trade Mark : Importance and Procedure for Registration

Intellectual property Rights in India

User Reviews


LawRato LawRato LawRato LawRato LawRato 4.8 - 20 reviews
R
LawRatoLawRatoLawRatoLawRatoLawRato

nice article. Good legal advice

Rupesh on Feb 29, 2024
P
LawRatoLawRatoLawRatoLawRatoLawRato

Very nice article.

Prem on Mar 30, 2024
B
LawRatoLawRatoLawRatoLawRatoLawRato

nice work with the article.

Bharat on Mar 07, 2024
M
LawRatoLawRatoLawRatoLawRatoLawRato

thanks for the information

Madhavi on Mar 15, 2024
P
LawRatoLawRatoLawRatoLawRato

nicely explained. Thanks fro the information

Prateek on Mar 01, 2024
R
LawRatoLawRatoLawRatoLawRato

loved the way concept is explained. Nicely written for any layman to understand.

Raghav on Mar 17, 2024
J
LawRatoLawRatoLawRatoLawRato

needed a lawyer….what is the procedure?

Jitender on Mar 11, 2024
N
LawRatoLawRatoLawRatoLawRatoLawRato

thanks for the advice

Nitesh on Feb 29, 2024
R
LawRatoLawRatoLawRatoLawRatoLawRato

Very good work with the article. Gave a nice clarity about the subject.

Ranjeet on Mar 14, 2024
S
LawRatoLawRatoLawRatoLawRato

good legal subject

Suman on Apr 09, 2024
A
LawRatoLawRatoLawRatoLawRatoLawRato

very informative.

Aruna on Feb 26, 2024
M
LawRatoLawRatoLawRatoLawRato

thanks for the information

Manjula on Mar 09, 2024
C
LawRatoLawRatoLawRatoLawRato

Answered all my legal queries.

Chandra on Mar 05, 2024
S
LawRatoLawRatoLawRatoLawRatoLawRato

who can I contact for my legal case?

Shreya on Mar 12, 2024
J
LawRatoLawRatoLawRatoLawRato

It’s a very nice article.

Jyoti on Mar 09, 2024
K
LawRatoLawRatoLawRatoLawRato

very well written

Kalpana on Mar 19, 2024
R
LawRatoLawRatoLawRatoLawRatoLawRato

thanks for the information

Richa on Mar 07, 2024
V
LawRatoLawRatoLawRatoLawRato

good work

Vinayak on Feb 26, 2024
S
LawRatoLawRatoLawRatoLawRatoLawRato

very detailed and informative

Sweta on Mar 08, 2024
K
LawRatoLawRatoLawRatoLawRato

how to contact a lawyer from your website

Kaushik on Mar 01, 2024

VIEW ALL