Disclaimer: This resource is for informational purposes only and is not legal advice. If you need legal advice, consult an attorney.
What to do if You Receive a Cease and Desist Letter
1. Don’t Panic
Carefully read the letter.
Assess the sender's proof of ownership over the intellectual property.
Identify exactly what the sender alleges you are infringing upon and whether it is related to patents, trademarks, copyright, and/or trade secrets.
Locate your own documents relevant to the claim and keep track of them.
2. Contact a Lawyer
Do not respond to the letter without contacting a lawyer first.
Try to find a lawyer specializing in the field of intellectual property rights the claim is related to.
Your lawyer will help you determine the most appropriate and satisfactory course of action, including determining how you should respond.
3. Your Options
Comply
If you come to the conclusion that the sender has a valid claim and that litigation would be more costly to you or your business than compliance, complying with the demands of the cease & desist letter is an option.
Negotiate
Your lawyer will be able to help you come to a compromise with the sender if complying or ignoring the cease & desist is not a satisfactory course of action. Discuss what sort of settlement options may be available for you with your lawyer.
Ignore
If you believe you do not have reason to worry (after a thorough evaluation of the claims made in the letter), you may choose to ignore the letter. Be sure to verify this decision with your lawyer - litigating a valid claim can be very expensive. The sender may continue contacting you and may choose to bring the case to court.