Handling Cease & Desist Matters with Care
Have you noticed someone using a
brand name that is way too similar to yours?
At Sleight Law, we can help you protect your brand by sending or responding to cease-and-desist letters.
Cease-and-Desist Letters
An effective cease-and-desist letter informs the other party of the infringement and presents the factual and legal reasons behind your claim.
Our skilled trademark attorneys customize each letter to fit your unique situation. Depending on the case, we might send a stern, assertive letter to make a strong impression, or a more gentle, understanding notice if it’s a fellow small business. We aim to strike the perfect balance for each client.
The reality is, most trademark conflicts get sorted out without the need for court battles. Even when legal action is taken, it rarely ends in a courtroom verdict. Both sides usually prefer to find a faster, less expensive resolution to avoid the hassles and risks of litigation.
Tips When Sending a Cease-and-Desist Letter
Document Everything
Before taking action, ensure you have thoroughly documented the infringement. Gather evidence such as screenshots, URLs, and dates to support your claim.
Consider the Consequences
Think about how the recipient might react. If the letter goes public, it could impact your reputation. Weigh the potential risks and benefits before sending it.
Consult an Attorney
Work with a skilled trademark attorney to craft your letter. They will tailor the letter to your specific situation, whether it requires a strong, assertive tone or a more understanding approach.
Prepare for Next Steps
Be ready for various outcomes, including compliance, negotiation, or potential legal action. Have a plan in place for each scenario.
Be Clear and Concise
Clearly state the infringement and outline the factual and legal basis for your claim. Avoid unnecessary jargon to ensure the recipient fully understands the issue
Follow Up
After sending the letter, follow up to ensure it was received and to discuss any potential resolutions.
Tips When Receiving a Cease-and-Desist Letter
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Don’t Ignore It
Ignoring a cease-and-desist letter can escalate the situation and lead to more severe consequences. Address it promptly.
02 /
Analyze the Claims
Carefully review the letter to understand the claims being made. Compare the alleged infringement with your business practices.
03 /
Consult an Attorney
Seek advice from a trademark attorney to assess the validity of the claims and determine the best course of action.
04 /
Evaluate Similarities
Consider how similar your name, product, or logo is to the complainant’s. Assess whether there is a legitimate conflict.
05 /
Consider Your Options
Think about potential compromises or adjustments you can make to avoid litigation. Sometimes, a small change can resolve the issue
06 /
Document Your Use
Gather evidence of your use of the trademark, including dates and context, to support your position if needed.
07 /
Communicate Professionally
If you choose to respond, maintain a professional and respectful tone. Your attorney can help draft a response that addresses the claims effectively.
Following these tips can help you navigate the complexities of sending or receiving a cease-and-desist letter, protecting your brand while minimizing risks and costs.
Here’s what our clients have to say about us.
Client Testimonials
They are not only hyper-efficient and cost-effective, most importantly, they truly care about helping people. And that’s why they are so beloved by clients and so well respected by other lawyers.
— ERNIE SVENSON
— MADELAINE MARTIN
— EY MEDIA TEAM
Let’s Get Started
If you need help with a Cease and Desist matter, contact Sleight Law today. We’ll review your case and determine the best course of action.
What To Do Next?
01
Submit Your Info: Fill out the form below with your details.
02
Free Review: We’ll review your Office Action for free to see what needs to be done.
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Flat-Rate Quote:After our review, we’ll provide a clear, flat-rate quote to handle your response.
Did you know?
Without Trademarks, You Have ZERO Rights To Your Brand.
We’re talking business names, logos, slogans… even podcast titles.
Lots of entrepreneurs don’t protect their trademarks until it’s too late. Book a free consult with our team to avoid the biggest, most dangerous mistakes that business owners make.
Disclaimer
The choice of a trademark lawyer is an important decision and should not be based solely upon advertisements. Past results do not serve as a guarantee of future results. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.