Demand Letter
Confidence In Your Brand
Demand letters are a common part of enforcing a brand. Sending these letters can be challenging but receiving one can feel like an existential threat. You should be ready to respond if you’ve engaged in brand protection, but what if you haven’t?
There are certain elements the other party would need to demonstrate to make you stop using your brand. We know these elements and how to attack them. We are also prepared for situations such as challenging the rights of a registered brand and dealing with brands which are offered online.
Another critical consideration is how you respond. After we know what you should say, knowing how to send this message can make a big difference.
What Can I Do?
At Initiating Protection, we meet you where you are. While we prefer to help you develop your brand rights before you are facing a threat such as a demand letter, we begin many of our relationships after our client has received a demand letter.
Knowing the rationale behind the letter might be just as important as what legal rights the other party may have. We can help you understand why you received the demand letter, and what exactly you should do to respond to it. Companies send demand letters for a variety of reasons. Some companies are overly aggressive about what they demand from third parties, and some companies send demand letters simply to prove they have an active policing system. Navigating this well may be the difference between ending a minor squabble or igniting a major battle.
How Serious Can This Be?
Assuming the company sending the letter is serious, you should send a serious response. Responding to the letter on your own letterhead is a sign that you have not taken this seriously. Choosing a lawyer that does not primarily practice trademark law is another common error.
The legal analysis can be complex. We will help you understand whether the other party has legal brand rights, whether there is a likelihood of confusion between the two brands and, if so, whether (and where) the other party has priority. This exercise may reveal to you that the other party does not have adequate rights in their brand.
We help you look at the most relevant facts. You will discover that the test for likelihood of confusion can be complicated, but together we can focus on the important items and develop a defense that seems simple and obvious.