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hi everybody this is trademark attorney josh gerbin i want to talk to you about what to do if you receive a trademark infringement notice or cease and desist letter in the mail or by email there are three things that you should do if you receive a letter like this about your trademark the first and most important is do absolutely nothing avoid the impulse to respond and defend yourself any emails you send to the individual or attorney that sent you the cease and desist letter can be used against you should the case proceed to litigation it's incredibly important not to say anything not to take a phone call not to send an email because all of those things could hurt your case in the long run moreover nothing you say is going to change the fact that this person has sent you a cease and desist letter they're not going to all of a sudden have an epiphany that they're wrong just because of something you say or do so very important to do nothing sleep on it let your emotions calm down the second thing you need to do and this is going to sound extremely self-serving but you need to call an attorney and i say this because the folks that we see trying to defend themselves from a trademark claim typically do not understand the nuances of trademark law just like i would never understand the nuances of your business and never pretend i do there's a very good chance you don't understand the nuances of the claims being made in that letter and this is a legal claim being made against your business this is a very big deal you do not want to take it lightly so i get it it's going to cost money nobody likes spending money on lawyers totally understood but that's my best advice to you if i was running my own company and i got a cease and desist letter i would hire an attorney even though i'm an attorney myself i would hire an attorney to give me a level-headed opinion about what the claims are they always say the worst client an attorney can have is himself so just remember even as an attorney i would take that advice now the final thing to do once you've received the cease and desist letter and you haven't done anything and you've called your attorney is to take the advice of your attorney i cannot tell you how many times i will give somebody advice and they will push back and they will not just push back lightly they will push back hard and they will tell me they think i am wrong about my analysis of the case and i can appreciate that everybody wants to push their point of view and even clients are going to be very determined to defeat any claims that are being made against their trademarks i don't discourage it but i also want you to take very seriously the advice your attorney is giving you because ultimately you've hired the attorney and the attorney only has your best interest at heart very important to take their advice even if it's hard advice to take even if the advice is you should change your name the attorney is probably if the attorney is telling you to change your name by the way all they're trying to do is keep you out of court and keep you from being sued so keep in mind attorneys make the most money in litigation if somebody's trying to keep you out of litigation they're doing you a genuine favor and they're not only just looking after the bottom line of their law firm so i hope you found this interesting again if you receive a cease and desist letter don't do anything let everything calm down call an attorney please take the advice of the attorney this is trademark attorney josh gerbin i'll talk to you next time
Thanks for your comment Ji Ulch, have a nice day.
- Dennis Dezalia, Staff Member
you just opened a FedEx package or an email attachment and some other company is demanding then you change your trademark and your business name I hear these stories every day every week from small and medium-sized businesses all over the country I want to share with you some key considerations that you need to address before you take the next steps how similar are your products or services to those of the other company and how similar are the names because names can coexist if the industries are not related in many cases how big is the other company are they trying to use their financial power their size to bully or make an unreasonable claim we see more and more of these type of demands made every week and finally is there a compromise that might be proposed that might be reached more and more we're finding that we we can work with clients who receive these cease and desist letters to propose an alternative that will help satisfy some of the concerns of the complaining company without really affecting the business of the company that received the letter for example agreeing not to use a certain logo type or agreeing not to expand into their field of products or services these are the type of solutions that we are frequently able to work with clients to reach of course every instance is unique and you need to talk to a lawyer about your specific letter if you have received one which of course you can feel free to call me if you'd like to discuss we have helped hundreds of companies deal with these types of claims you
Thanks shannainnO your participation is very much appreciated
- Dennis Dezalia
About the author
I've studied nontheism at Arkansas Baptist College in Little Rock and I am an expert in law enforcement. I usually feel okay. My previous job was motion picture director I held this position for 20 years, I love talking about archaeology and investing. Huge fan of Coldplay I practice billiards and collect military items.
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