We regularly litigate complex business disputes including trademark infringement, copyright infringement, breach of contract, defamation, unfair competition, and misappropriation of trade secrets across various industries and jurisdictions. Whether you are the Plaintiff and wish to file a lawsuit or you are the Defendant and have been sued or have received a cease and desist letter, contact us to see how a trademark infringement attorney or copyright infringement attorney can help you.

Frequently Asked Questions

Q. What is litigation?

“The term “litigation” is defined as “[t]he process of carrying on a lawsuit; a lawsuit itself.”” Black’s Law Dictionary 952 (8th ed. 2004).

Q. Are there risks in sending a cease-and-desist letter?

Yes, although sometimes a cease-and-desist letter may lead to early settlement, it may also lead to the prospective defendant filing a lawsuit against you, which will make you the defendant, not the plaintiff. Thus, it is wise to seek legal advice or representation before taking any such action.

Q. What should I do if I receive a cease-and-desist letter?

Prepare to contact an attorney by first, reading the letter to determine the parties’ allegations and demands. Second, note any deadlines by which the party demands that you respond. Third, prepare any documents and communications relating to the issues raised in the letter. Fourth, contact an attorney as quickly as possible, as you will need to determine how to proceed in response to the cease-and-desist letter, including the possibility of filing a lawsuit against the party accusing you of wrongdoing. Often, the party issuing the cease-and-desist letter does not give the receiving party much time to respond to the letter and if you need to file or defend against a lawsuit by that deadline, you will need to begin preparing immediately.

Q. Can I have infringing material taken down from the internet?

Yes, you may be able to take down infringing material from the internet for allegedly infringing your trademark or copyright, e.g., websites, ecommerce websites, social media and online marketplaces.

Q. Is there any risk in taking down an alleged infringer’s websites, ecommerce websites, social media or online marketplaces?

Yes, the alleged infringer may counter your claim, allege that you made a wrongful take-down and file suit against you to seek damages for the takedown if a suit has not already been filed.

Q. What do I do if I am sued?

Read the lawsuit to determine what claims are being alleged against you, where the lawsuit was filed and note any deadlines. Immediately contact an attorney, as time is of the essence. It takes time to prepare a strong defense and any counterclaims.

Q. Why file or defend against a trademark infringement lawsuit?

To protect your legal and equitable rights, investments, good will in your business and to seek court intervention to stop damaging unlawful activity and obtain damages.