When your trademark has been infringed, often the first step to seek a resolution is to send a “cease and desist letter.” A cease and desist letter generally notifies the other party of the infringement concerns and demands they stop infringing the trademark.
That said, cease and desist letters can come in a lot of different shapes and sizes. Before sending a cease and desist demand letter, one should consider:
- is this a real infringement concern?
- what will be the options if the letter is ignored?
- what will happen if the letter is made public?
- could there be a ‘Streisand Effect‘?
- is a letter the appropriate action (vs. a phone call, filing suit, or something else)?
- should the letter be strong or gentle?
- should the letter be sent via email, mail, certified mail, or overnight delivery?
- is there counsel to address the letter to?
- are you prepared that the receiving party could file for declaratory judgment of non-infringement?
And, the most important consideration before sending a cease and desist letter:
- are you sure that the party you are writing to does not have priority and cannot respond by asserting a claim against you?
Each situation is unique, of course. That is why the advice of experienced counsel if strongly recommended and tremendously valuable.
