IP Cease and desist support
Cease and desist letters can be a practical way of resolving trade mark infringement and passing off disputes without recourse to the courts. However, care needs to be taken in sending and responding to cease and desist letters.
If you are considering sending or responding to a cease and desist letter we strongly encourage seeking legal advice without delay. We specialise in handling intellectual property infringement and passing off claims on both sides of the dispute and are well placed to help.
Sending a cease and desist letter
If you are sending a cease and desist letter, you need to set out your rights, explain why they are infringed and explain what needs to be done and by when if the matter is not to escalate.
Those litigating in the UK should be aware of the laws relating to unjustified threats. These provisions are intended to prevent unjustified threats of certain types of intellectual property infringement being made against distributors and retailers, whose fear of being involved in costly litigation may result in them capitulating and their businesses being damaged, even where the intellectual property right at issue is invalid or not infringed. This is particularly relevant for those retailing via online platforms.
Care must, therefore, be taken when sending cease and desist letters to distributors and retailers as such letters could constitute actionable threats which may entitle their recipients to commence court proceedings against the sender, seeking an injunction to restrain further threats, along with damages.
Receiving a cease and desist letter
If you have received a cease and desist letter, you will need to give consideration to whether the intellectual property is valid and has indeed been infringed and, if so, whether the rights holder is entitled to the remedies they are seeking. You will need to respond within a given period of time setting out your position and, if appropriate, making an offer to settle.
How we can help
We can help you with the following:
- Assess the prospects of success for an intellectual property infringement claim.
- Prepare a cease and desist letter or, as appropriate, a response to any cease and desist letter, clearly setting out your position and complying with all requirements of the UK courts.
- Look into practical ways to resolve your dispute without court action.
- If your dispute is not resolved and goes to court, robustly presenting your case.
We are a leading UK intellectual property firm, dedicated to protecting and enforcing our clients’ IP rights. We have specialised in IP protection for over 125 years and in 2017 we were awarded Managing IP’s Trade Mark Firm of the Year. Whether a large corporation or a small to medium sized enterprise, we are committed to providing only the best IP advice available.
Contact us with this form, by telephone or by email.
We offer a free initial consultation in order to help you understand the legal and practical issues relating to your case. This will enable you to decide what action to take, with no obligation to work with us at that stage.
We are known for our clear, reliable and cost-effective advice and have many years of experience of successfully protecting and fighting for our clients' rights.