CEASE & DESIST
A third-party may send you a written communication, claiming that you are infringing on their trademark rights. Typically, the third-party demands you stop using your trademark and threatens legal action if you do not agree. This letter typically contain detailed facts describing the basis for their claim. In addition to trying to immediately get you to stop the use of your trademark, the purpose of their letter is to provide you with official notice of your infringement. Under trademark law, if you ignore this written request and continue to use your trademark, the third-party will likely claim your infringement 'willful' and try seek a monetary award against you in federal court.
Failure to respond to a CEASE & DESIST letter may place you at risk of significant monetary damages and loss of your trademark rights.
TRADEMARK LITIGATION
While the U.S. Patent & Trademark Office hold jurisdiction over certain registration issues, other trademark litigation is brought in federal court. In federal court, litigants can request a determination of substantive trademark rights, injunctive relief, such as a court order prohibiting a defendant from using a certain trademark, and money damages.
We push to negotiate and settle disputes where possible. Where necessary, we prosecute and defend litigation in federal and state court, and work with additional local/additional counsel when appropriate.
TAKE DOWN REQUESTS
With the increasing use of online services for find, research and sale of goods & services, providers and online marketplaces such as Google, Amazon, the Itunes Store and Facebook each have set policies for requesting the removal ("take down") of infringing material. The Digital Millennium Copyright Act (DCMA) also provides specific protections in certain circumstances.
We evaluate your trademark infringement issues and where appropriate, advise and prepare takedown requests to protect your trademark rights.
Contact us for more information.
Use the form below to contact us regarding an office action, TTAB proceeding, Cease & Desist or litigation matter. You may also email or call us to make an appointment.