The following is an edited transcript of my video 25 Considerations for a Trademark Cease and Desist Letter.
A lot goes into the strategy, content, details, law, and evidence in a cease and desist letter. Before sending any such letter, here are 25 important considerations?
- Who has priority and what are the relevant dates?
- Is there really a likelihood of confusion or is there actual confusion?
- Should the letter be sent?
- If you’re going to send a letter, what is the tone?
- Where are you going to send the letter?
- How are you going to send the letter (Email, certified mail, regular mail, overnight delivery)?
- How much time are you going to give the other side to reply?
- What comes next? We want to think through almost like chess.
- What are you going to demand?
- Are you going to seek some sort of a compromise?
- Are you seeking consent?
- Are there related USPTO filings that the recipient of the letter has?
- Are there related USPTO filings that the sender of the letter has?
- How big or small is the other company?
- How litigious is the other company?
- Is your lawyer experienced in this field?
- Would it make sense to file suit first?
- Is it worth filing a domain name arbitration dispute first?
- Is it worth filing an online takedown first?
- What is your budget?
- What is the best case scenario?
- What is the worst case scenario?
- Is there a possible Streisand effect?
- Is there a business to business discussion that could be appropriate?
- Are you prepared for it to go public?
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