Trademark Attorney, Lawyer: Trademark Registration & Trademark Infringement: Attorney Threat Letters, Cease & Desist and Notice Letters Alleging Trademark Infringement: Understand Your Options & Risks

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Tuesday, 19 February 2008


Is there any difference between service marks and trademarks in terms of protection?

Is there a sample of legal letter of intent to file lawsuit that I can look at. BTW: Great site and great post about attorney threat letters.

Oftentimes, people try and respond to legal threat letters or demands to cease and desist by themselves. Too often, they say the wrong thing which either establishes their liability or provokes the attorney to take further legal action against the recipient. It is critical that you respond to a threat letter or cease and desist letter based on a correct application of law to the facts. Only an attorney can do this on your behalf.

I have seen all too often where people try and respond to a threat letter or cease and desist letter on their own. They say exactly the wrong thing or otherwise inflame the company. The next step after the threat letter is a lawsuit. Believe me, a lawsuit will cost you a lot more money. You are better off spending a little bit of money on an attorney to get it right the first time.

Cease and desist and/or legal threat letters are extremely common. An attorney representing a company, business interest or private person usually uses the threat letter/cease and desist letter to provide notice to a third-party concerning alleged rights. Typically, the cease and desist/threat letter demands that the recipient cease certain activity alleged to be in violation of rights and, further, that recipient contact the lawyer who sent the threat letter on behalf of their client.

Some cease and desist letters are frivolous or otherwise misstate the law. It is very important for the recipient of a cease and desist or a threat letter to contact an attorney in order to adequately respond. Responding appropriately to a cease and desist or a threat letter can save you a tremendous amount of time, money and resources down the line. Do it once. Do it properly. Get the representation you require. This will help you avoid making a critical mistake by attempting to respond to a threat letter on your own.

Very very interesting & informative. Can I get such type of clippings of on trade marks on my e-mail ID. It will be very helpful OR you can suggest me the sites where I can receive such commentaries. Thanks a lot.

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