Sending a C&D Letter to an Infringer

If you have found potential infringement of your trademark, we may be able to help you stop unlawful use of your mark and help you avoid costly litigation.

However, evaluating the scope of your trademarks rights and the strengths and weaknesses of the alleged infringer is a major undertaking.

Sending C&D letter before performing significant research is incredibly risky to the trademark owner. Sending a letter unsupported by facts and law could very well result in litigation jeopardizing your ability to continue using your trademark and also result in significant legal fees. Thus, the trademark owner could end up in a worse position than they were before contacting the alleged infringer.

Accordingly, evaluating the scope of your trademarks rights and the strengths and weaknesses of the alleged infringer is far more complex than what can be accomplished within a 15 minute free consult.

Should you want assistance in sending a C&D letter, it is a two to four step process:

1. Hire an Attorney

Before an attorney is able to provide you with specific advice about your case, you will need to fill out the Trademark Enforcement Service engagement agreement.

2. Review the Strengths and Weaknesses of Your Claim

Once an attorney has been hired to work on your matter, they will investigate your use of your trademark, the use of similar marks by the infringer, and review your desired outcome.

The attorney will perform due diligence research to confirm your rights in your trademark relative to the infringer and present you with an opinion as to the respective rights involved.

3. Send a C&D Letter if Warranted by the Facts

Provided research supports sending a C&D, the attorney will draft the letter and send it to the infringing party by certified mail.

4. Negotiate and Reach Settlement

Should the parties agree to resolve the matter without litigation we can work to reduce any settlement to a written agreement for additional cost after you fill out the Settlement Negotiation Service engagement agreement.

 

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