Chevy Chase, MD asked in Trademark for District of Columbia

Q: What can I do about a cease and desist email regarding a trademark?

Been resolved - thank you!

Related Topics:
2 Lawyer Answers
Tania Maria Williams
Tania Maria Williams
PREMIUM
Answered
  • Trademarks Lawyer
  • West Palm Beach, FL
  • Licensed in District of Columbia

A: You want to enlist the help of an attorney with a cease and desist. Trademark owners have to police their mark so some will for infringement when the cease and desist letters go unanswered while others may not.

1 user found this answer helpful

Evelyn Suero
Evelyn Suero
Answered
  • Trademarks Lawyer
  • Miami, FL

A: Whether a mark infringes on someone else's trademark depends on many factors. The USPTO defines trademark infringement as "the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services". This confusion may occur even if you are not using the mark for commercial gain. Trademark owners send cease & desist letters in order to police their mark and to prevent dilution of their mark. You should speak with an attorney to advise you and represent you in the process.

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.