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When Should I Send a Cease And Desist Letter?

May 9, 2022

Struggling with another brand copying you? We’re here to help! Book a complimentary consultation and receive advice on when to send a cease and desist letter.

Plagiarism strikes even the most secure of brands. When it happens, our tendency is to seek an immediate solution, often starting with a Google search of “when should I send a cease and desist letter?” or “how to send a cease and desist letter?”, as we frantically try to figure out where to go from the initial discovery.

Perhaps the case is a brand using your brand’s name, logo, or slogan. Or you found aspects of your marketing copy plagiarized. Taglines that you painstakingly crafted with soul or entire paragraphs of your brand’s voice copied + pasted. No matter how large or small the infringement is, it’s a devastating feeling! As intellectual property experts, we’re here to share a helpful guide that will provide a basic strategy to safeguard your brand, along with a guide for when you should send a cease and desist letter. 

DETERMINING THE INFRINGEMENT

First, start with capturing screenshots, recordings, and evidence of the plagiarism, so you have concrete evidence of the issue. If it’s an exact match, it makes the issue obvious, and it’s time to send that C&D letter. If it’s not an exact match, but there’s enough of an issue that you are concerned about, get a second opinion! We recommend starting with a trusted industry peer to get their opinion on the issue. If they confirm the comparison is strikingly similar, it’s time to consult with an attorney.

HIRE AN ATTORNEY

Bringing on expert legal help takes so much stress away. First, as a business owner wearing many hats, navigating the legal steps yourself leaves room for error and weakens your case. It would be devastating for you to miss a crucial element that an attorney could spot immediately. An expert guide will find the clearest and most efficient path to resolving the issue and ensure you are compensated accordingly.

Second, with an attorney acting on your behalf, it adds authority when you confront the brand imitating you. Not only does it signal you’re taking the issue seriously, it also conveys the severity of the issue.

PREPARE THE CEASE AND DESIST LETTER

Now that you have an attorney to consult you, your next steps will be to prepare the cease and desist letter that showcases what is being imitated, when it must be removed, and what your next steps will be. Together, you and your attorney will decide if it makes the most sense to demand monetary compensation and/or take the case to court. Setting your end goal is important. Not only can you determine the financial parameters of what you would like to spend getting this settled, you also have the legal right to demand compensation to cover the damage to your brand.

A RECAP

If you’re struggling with plagiarism and wondering, “when should I send a cease and desist letter?”, the first step is to document the issue, and the second step is to consult with an attorney who can guide you through your goals in resolving the issue. After that, it’s time to send it off and wait for an answer.

Are you currently struggling with another brand copying you? We’re here to help! Book a complimentary consultation and receive advice on your next steps.

*This post is for general education and does not initiate an attorney-client relationship with us. We always recommend consulting a trademark attorney for your brand’s specific needs.*

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