Receiving a cease and desist letter from someone claiming you unlawfully use their intellectual property (IP) can be concerning. You may panic and potentially respond emotionally, which can worsen the situation. Being strategic with every step you take after receiving this letter is crucial.
Here is what to do:
1. Thoroughly read it
It’s vital to thoroughly read a cease and desist letter thoroughly to understand the infringement in question and the sender’s demands. You want to be well-informed to determine the best way forward.
2. Gather evidence
Before taking any action, it’s crucial to gather evidence that supports your use of the respective IP. These include paperwork showing you created the allegedly infringed IP independently, a valid license or permission to use the IP, evidence showing the IP lacks originality and evidence showing your use of the IP falls within the scope of fair use, among others.
Gathering evidence allows you to develop a strategy.
3. Respond
Send a response explaining why you are denying the claim of infringement. If you wish to comply with the demands of the sender, your letter should notify them of your decision and the timeframe for compliance. You can also request to negotiate a settlement with the sender.
Regardless of the option you choose, you need to learn more since each has consequences.
4. Do nothing
It’s not recommended to ignore a cease and desist letter. However, if you have solid evidence that the letter was only sent in the hope of misleading or intimidating you to stop using your IP, you may choose not to respond. This is something that you should only consider, though, if you have experienced legal guidance.
A cease and desist letter should be taken seriously. If someone is accusing you of intellectual property infringement, get more information about the matter to protect yourself.