You do not have to be involved in a high-profile intellectual property infringement suit to feel the pressure and stress this causes your business operations. Once you receive a cease and desist letter, you experience the jab of a business competitor. You may come to the conclusion that the other party actually stole your idea and is trying to assert that your company stole it from them. Most likely, you feel upset both personally and professionally.
An Age-Old Problem
Intellectual property suits are not anything new. In fact, an article in Smithsonian Magazine about famous intellectual property disputes highlights a dispute that century. Renowned artist Albrecht Dürer discovered that another artist named Marcantonio Raimondi was copying his woodblock prints and making large sums of money from their sale.
The First Step Of The Dispute
Notifying the alleged infringer is the first step in an intellectual property infringement suit, but it is purely optional. The accuser could immediately file a lawsuit but may send a cease and desist letter first to try to gain monetary damages from the sale of products between the time of the letter and the conclusion of the litigation in their favor.
Possible Motives
The letter may or may not outline valid concerns, but still outlines that an infringing action on your part should stop. The letter’s primary intention may be to provoke you to reveal information about your business operations. You never want to disclose any company information just because a competitor demands it. Seek legal counsel experienced in intellectual property litigation before embarking on a response.
Make A Response Plan
Safeguard your best interests by carefully planning your response to a cease and desist letter. Your response plan may include investigating whether or not your product infringes on another patent. This will also include a comparison of your product against your competitors to see if infringement exists. The best type of response to this type of letter is strategized to maximize your advantages and avoid costly consequences.