A cease and desist letter is often the first communication between an IP owner and potential infringer. Beyond putting the potential infringer on notice, the objectives of the IP owner should be carefully considered to craft a letter that is appropriate in both content and tone. While there is no one-size-fits-all letter, counsel must be aware of legislative requirements and the legal and reputational risks associated with an ill-conceived communication. Receiving a cease and desist letter can cause much anxiety and counsel should have a game plan at the ready for evaluating and acting on allegations. The presentation will consider:
- Drafting cease and desist letters for trademarks, patents, designs and copyright to achieve the IP owner’s objectives while minimizing legal and reputational risk.
- Steps to take (and not to take) when a letter alleging IP infringement is received.
