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Intellectual Property Law

: TradeMark Express: A Daily Blog

What Do I Do If...

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someone wants to sue me, sue me?

Eek! If you're asking yourself this question, you likely received a very scary letter demanding that you cease and desist the use of your name.

First, take a breath! Yes, this can be a very harrowing experience but there are steps you can take to maneuver through this.

1) Resist the urge to contact the company or their attorney directly. Actually, don't just resist, DO NOT DO IT.

2) Carefully read through the cease and desist. Highlight the exact complaint(s) being made against you.

3) Research any terminology as well as any highlighted portions of the letter. Scour the internet and the library to educate yourself as much as possible. Of course, you're welcome to give us a ring and we can walk you through the different meanings and terms. Arm yourself with as much information as possible because that's going to make the next step that much easier (and cheaper).

4) Call a trademark attorney. Yes, you will have to spend money on an attorney because you must take this cease and desist seriously. We have a cadre of attorneys we'd be happy to recommend.

5) Make up your own mind. The trademark attorney is going to give you options but the ultimate decision is yours.

An anonymous former client wrote a great post about this on Tony Wright's blog. It should be noted that this client used us AFTER this experience was over. His post really hones in on why comprehensive research is so needed BEFORE you file for a mark.

Tomorrow's post will be the flip-side - what if you need to sue someone who is infringing on your mark?

Full post as published by TradeMark Express: A Daily Blog on February 08, 2012 (boomark / email).

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