Intellectual Property Disputes
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Receiving a cease and desist letter can be an intimidating experience. If the use of your intellectual property is being threatened, this is the first and least expensive opportunity for one of our intellectual property lawyers to help resolve your dispute with any opposing party.
Intellectual property disputes are difficult to manage – let us help. Tell us about your copyright or trademark problem and a member of our team will contact you to arrange a consultation with an intellectual property lawyer.
The language lawyers use in cease and desist letters often make recipients feel defensive and vulnerable. Having some knowledge about the limitations of the protection afforded by the Trademarks Act and/or common law and knowing your rights throughout that process can be empowering.
Negotiating through an infringement or passing-off claim made by another party may be frustrating or stressful. The lawyer for the other party’s job is to protect their client’s interests by the most extreme means possible, they are not there to negotiate a fair settlement or to protect your interests. Sometimes you may clash with the opposing party’s lawyer. Using our intellectual property lawyers can minimize your dealings with the opposing party and hopefully lower your stress level so you can focus on other things (like running your business!).
You will need to respond to a cease and desist letter within a strict time frame. The opposing party may request that you relinquish all printed publications that bear the “infringing” trademark, may require that you change your domain name, rebrand your goods and services or even rename your company!
Even a 30 minute consultation can help prepare you for responding to a cease and desist letter and will improve your chances of a quick and efficient resolution and minimize the chances of relinquishing more than you are required to in order to reach a settlement.
If the dispute it brought before the court, the court has broad powers to demand and seize documents and notes from you and other parties. The legal counsel for the opposing party can use these documents, notes, and discussions against you. As lawyers and trademark agents, your discussions with us are completely confidential and protected by solicitor/agent-client privilege. Our notes cannot be seized by the courts.
Talk to one of our intellectual property lawyers to ensure that you start an intellectual property dispute process in the most effective manner possible. You want a quick and efficient resolution to the dispute - get professional help by contacting us.