Asked in Trademark

Q: How do I go about addressing a trademark breach?


Using your site we've noticed that someone is using our trademarked name "PhotoKey" and I was wondering what the process towards addressing that is. Would I need to send a cease and desist letter as the first step, or is there something I should do before that?

Thanks for your time.

Related Topics:
1 Lawyer Answer
Ansel Jay Halliburton
Ansel Jay Halliburton
  • Trademarks Lawyer
  • San Francisco, CA

A: A well-written and specific cease-and-desist letter is usually a good first step. It will be taken far more seriously if it comes from a lawyer. Keep in mind that trademarks can be lost through lack of policing—so sending these letters is important to that end as well.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.