Stop Intellectual Property Infringers With An Effective Cease and Desist Letter

When Intellectual Property is used online, the potential for infringement is enormously great.  Owners of Intellectual Property on the internet, are often times the victim of copyright (stolen blog posts, photos) and/or trademark (business names, blog names, logos, tag lines, etc.) infringement.   Infringement in cyberspace is simple and easy to accomplish.  Infringers can simply copy your intellectual property online and market it as their own.

When faced with infringement, many owners will simply find a form cease and desist letter on the Internet and send it to the infringer hoping for a positive resolution.  However, form cease and desist letters are very ineffective because they never adequately address an IP owners specific situation or adequately use applicable laws to prove and argue your Intellectual Property rights.  They also do not address an IP owner’s rightful remedies (subsequent legal actions you can take if the infringement does not stop).  As a result, most infringers see these form cease and desist letters as empty threats.

Importantly, an effective cease and desist letter is a very cost effective way to deal with infringers.  If the letter is written properly and liability is clear, usually an infringer will apologize and cease immediately.  The infringer does not want to spend money they probably do not have defending an infringement law suit in court.

If faced with online intellectual property infringement, an Intellectual Property owner should contact an IP attorney to draft and send the letter to the infringer.  The letter is 100% more effective if it comes from an attorney rather from the owner.  Infringers will know you mean business!  The IP attorney will include the following sections in the letter:

1.  Identify the goods or services represented by the intellectual property,

2. Address your priority and prior use of the intellectual property at issue.  It will also include any state or federal registrations (USPTO or Library of Congress.),

3. Address the notoriety of your intellectual property, i.e, how well is it known to the public or how it is marketed,

4. Explain when the IP owner discovered the infringement and why it is causing confusion in the marketplace,

5. An explanation of relevant state and federal laws regarding infringement and remedies provided to the IP owner,

6. IP owner’s demands to cease and desist and time frame to do so.

As an IP attorney, I have effectively used cease and desist letters to solve my clients issues swiftly and economically.  Remember, defending your Intellectual Property rights is very important.  I discussed why here. There is a lot at stake.

About the Author
Latoicha Givens is the founder and a member of the firm Phillips Givens, LLC. Ms. Givens practice includes represention of start-ups, small, and mid-sized businesses in intellectual property matters, specficially, trademarks, copyrights, and licensing issues. She is the author of IPLAW101.com, a blog covering Intellectual Property issues specifically trademark law - trademark registration and infringement; Domain Name Disputes: Cybersquatting; Licensing and Intellectual Property issues in New Media.
See all posts by Latoicha Givens.