Join Dana Robinson for an in-depth discussion in this video Responding to an infringement claim, part of Understanding Trademarks: A Deeper Dive.
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- I've talked through how to deal with…sending a demand letter,…and what you might do if you believe…someone is infringing your mark.…What if you are the recipient of a demand letter?…Well the same basic rules apply.…If you get a letter that demands you cease…use of a mark, then you have the choice…to sue that party in your own courts…and force them to answer on your home turf.…That can be strategically important,…but it is a big decision…because you are going to be in litigation,…which, as I've said, is often easy to start…but difficult to end, and litigation is expensive…and can last several years.…
But if you are confident in your position…and have the financial resources…then suing first can be a good way…to hit a bully in the face and try…to force an early resolution.…If you get a letter that is not demanding,…but asserts rights, then you should…carefully weigh their allegations.…Again, go back to the the different questions…a court would evaluate in order to find infringement.…How strong is the mark?…Do the goods move in the same channels of trade?…
DISCLAIMER: This course is taught by an attorney and addresses US law concepts that may not apply in all countries. Neither LinkedIn nor the attorney teaching the course represents you and they are not giving legal advice. The information conveyed through this course is akin to a college or law school course; it is not intended to give legal advice, but instead to communicate basic information to help viewers understand the basics of intellectual property.