I received a cease and desist for a trademark or copyright, now what do I do?
So, you’ve received a letter that says “Cease and Desist,” is accusing you of either copyright or trademark infringement, and is demanding you do something. Well first, what in the world is a cease and desist and why is it being sent to you?
What is a cease and desist?
A cease and desist, also known as a demand letter, is a communication suggesting that you are infringing on the trademark of the person on whose behalf the letter was sent, and demanding that you stop using the trademark or copyright and/or perform an additional action, like paying a fine.
Ok, but why me?
Business owners, individuals, or those who represent them may notice similarities between something you have created for your business and something that they use in theirs. In efforts to protect their brand and enforce their copyright/trademark, they have sent you this letter demanding you stop using their trademark or copyright.
So, what do I do?
Read the entire letter- The first step is not to panic. Read the letter in its entirety so you are aware of all the details contained within.
Note all dates for responses - Anywhere that you see a date in the letter, such as a deadline to respond, you should make a mental and or physical note of the date.
Don’t automatically comply - you should not automatically comply with the demands made in the letter. This is largely because you have not yet verified the letter to see if it is a scam. Even if it is real, automatic compliance should not be your first instinct as the letter could also be a scare tactic.
Verify that the letter is real- Look up who the letter is coming from and make sure that they are indeed the true owners of the copyright or trademark that they are accusing you of infringing. Also ensure that any numbers or emails are real and associated with the person or organization or law firm listed on the letter. If anything looks out of place or unusual make note of that.
Consult with an attorney- Always consult with an attorney once you receive a cease-and-desist letter and have completed the above steps. An attorney can help with any confusion you have with the aforementioned steps and can help with any response or dispute of the letter, as well as save you from paying exorbitant fines.