Media Law Scenario
I Received a Trademark Cease-and-Desist
A trademark cease-and-desist is a claim, not a judgment. Preserve it, protect the deadline, and understand the business risk before admitting, ignoring, or escalating anything.
Someone Says Your Name, Logo, or Marketing Infringes Their Trademark
The letter may demand that you stop using a name, remove products, transfer a domain, abandon an application, destroy inventory, disclose revenue, or pay money. It may come from a law firm, a business owner, a platform, or the sender directly.
Some claims are strong. Some are overstated. Some identify a real conflict but demand far more than the law or business situation supports. The correct response depends on priority, similarity, the relevant goods and services, actual marketplace use, geography, registration status, consumer confusion, defenses, and the cost of changing course.
What to Preserve and Review
Save the Complete Demand
Preserve the envelope, email headers, attachments, exhibits, deadlines, platform notices, and every version of the communication.
Do Not Rewrite the History
Keep dated brand files, websites, packaging, sales records, invoices, advertisements, launch materials, customer communications, registrations, applications, and contracts. Do not backdate or alter records.
Identify the Real Business Exposure
Measure inventory, rebranding cost, advertising commitments, customer recognition, geographic reach, revenue tied to the mark, and whether a prompt operational change could reduce risk.
Check Agreements and Ownership
Licenses, assignments, designer agreements, franchise terms, partnership documents, acquisitions, and employment arrangements may affect who owns the mark and who must respond.
Common Mistakes
- Ignoring a response or platform deadline.
- Admitting infringement in an angry or apologetic email.
- Deleting webpages or files before preserving them.
- Assuming a federal registration automatically proves every demand in the letter.
- Responding publicly before evaluating the legal and business record.
- Continuing an expensive launch without calculating the cost of a forced rebrand.
The Best Response Is Not Always a Fight
Depending on the facts, a response may challenge the claim, narrow the dispute, explain different markets, propose changes, negotiate coexistence or a phase-out, seek a license, preserve defenses, or prepare for litigation. The goal is to protect the business, not to win the angriest letter-writing contest.
Learn More
Received a Trademark Demand?
Send the complete letter, all exhibits, the mark you use, the sender’s mark, relevant dates, and any deadline through the intake form.