Trademark Infringement is a serious matter that often disturbs the functionality
and ambiance of the Intellectual Property (IP) industry. Hence, one should address this issue as soon
as it gets discovered. In the present era, on one side, companies or
individuals who infringe trademarks do not comprehend the legal implications of
cloning or using a mark without their owners’ consent, and on the other side,
owners themselves are unaware of the procedure of stopping others from
exercising these unlawful acts. These are the two main reasons why the number
of trademark infringement cases is increasing day by day. Intended to provide
you with a complete insight into the first step one should take to stop
trademark infringement, i.e., Cease & Desist Letter, this article will be
beneficial for you to evade legal concerns and expenses related to bringing
formal proceedings for IP infringement.
What is a Cease & Desist Letter?
It refers to a legal
document provided to an infringer who can be an individual or the entire
business to cease the act of infringing on the original owners’ IP. It also
asks the offending party to correct or compensate damages resulted due to the
infringement. The letter serves to point out and end up the wrongdoing, which
would be copying or using a trademark unlawfully on the part of a person or
entity with legal justification. In short, it is a document that may help you
to prevent the offender from continuing to violate your mark without facing
unnecessary delays or costs associated with taking lawful actions.
Note that the cease
& desist is applicable not just to trademark infringement; instead, it is
also valuable in cases of defamation, harassment, or several other forms of IP
issues. For instance, Patent Infringement, Copyright Infringement, and more.
Is a Cease & Desist Letter Legitimately Binding?
No, this letter is not
legitimately binding. It just outlines the opinions and requests of a person,
usually an IP Attorney or trademark solicitor representing the aggrieved individual
or party. The letter doesn’t indicate even the court action that can be the
next step if the offender fails (intentionally or unintentionally) to respond
to the owner, i.e., the sender of the letter as he/she intended.
How to Write and Use a Cease & Desist Letter in Trademark
Infringement Case?
By writing and sending
a cease and desist letter in a precise way, the trademark owner can do the
following:
·
Set
a precedent for future enforcement
·
Avoid
costly legal actions
Now, when you are
aware of what a cease and desist letter can help you with, let’s see how to
write it.
Identify
the infringement: First of all,
investigate if it is a case of trademark infringement or any other IP issue.
Trademark infringement happens if someone is selling or advertising products or
services by using a mark, which is either the same or similar to your
trademark.
Do
the Research Work: Carry out
searches to learn more about infringement and infringer behind it. Try to
determine the intention of the offender. It will help you in understanding
whether the infringing on your IP is accidental or on purpose, and thus,
responding appropriately.
Consult
to An IP Lawyer: While you can write and send the letter
yourself, it’s in your interest to proceed under the assistance of an experienced
attorney. He/she can help you in including all the facts, claims, and demands
in the letter in a clear, legal, and understandable manner.
As a trademark owner,
you can write and send this letter at any time, but starting the process right
at the moment you notice infringement always sounds the best. It will help you
to enforce your ownership rights efficiently and often prove enough to stop the
offender. Nevertheless, to get the expected response from the receiver of the
letter and authorities in case of legal actions (if needed), you must provide
it with all the details of your trademark. For instance, your trademarked name
or logo, the date when you filed a Trademark Application, and even the date on which you found that someone is unfairly
using or copying it, everything should be included in the letter. You should
also introduce all the proof pointing towards infringement to reinforce your
case. At last, it is imperative to incorporate a section reflecting what the
offender can do to rectify the situation.
Bottom
Line
By providing the
option to ask infringers to stop infringing on others’ IP, cease and desist
letter acts as one of the most polite ways to prohibit the continuation of infringement
issues. It helps both the parties to settle down the matter without wasting
their valuable time and money in bringing up expensive legal proceedings.
Hence, if anyone is making profits by using your trademark or any other IP
without your consent, you should prefer resolving the case by writing and
sending a polite letter to him/her. Sometimes, a stern demand to cease using or
copying your mark may not work, whereas a formal letter can. Hopefully, this
article has cleared almost every doubt you have regarding this legal letter.
However, if you still have any concerns, it is advisable to contact a Trademark Law Firm or IP lawyer as these are the knowledgeable helping hands
who can serve you with whatever assistance you want. For view
source: https://www.kashishipr.com/blog/role-of-cease-desist-letter-in-trademark-infringement/
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