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What to do if You Receive a Cease and Desist Letter

What to do if You Receive a Cease and Desist Letter

 

Disclaimer: This resource is for informational purposes only and is not legal advice. If you need legal advice, consult an attorney.

What to do if You Receive a Cease and Desist Letter

1.    Don’t Panic

  • Carefully read the letter.

  • Assess the sender's proof of ownership over the intellectual property.

  • Identify exactly what the sender alleges you are infringing upon and whether it is related to patents, trademarks, copyright, and/or trade secrets.

  • Locate your own documents relevant to the claim and keep track of them.

2.    Contact a Lawyer

  • Do not respond to the letter without contacting a lawyer first.

  • Try to find a lawyer specializing in the field of intellectual property rights the claim is related to.

  • Your lawyer will help you determine the most appropriate and satisfactory course of action, including determining how you should respond.

3.    Your Options

  • Comply

    • If you come to the conclusion that the sender has a valid claim and that litigation would be more costly to you or your business than compliance, complying with the demands of the cease & desist letter is an option.

  • Negotiate

    • Your lawyer will be able to help you come to a compromise with the sender if complying or ignoring the cease & desist is not a satisfactory course of action. Discuss what sort of settlement options may be available for you with your lawyer.

  • Ignore

    • If you believe you do not have reason to worry (after a thorough evaluation of the claims made in the letter), you may choose to ignore the letter. Be sure to verify this decision with your lawyer - litigating a valid claim can be very expensive. The sender may continue contacting you and may choose to bring the case to court.