From the course: Understanding Trademarks: A Deeper Dive
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Responding to an infringement claim
From the course: Understanding Trademarks: A Deeper Dive
Responding to an infringement claim
- 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…
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