Law Offices of Roland Tong, P.C.
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Responding to a cease and desist letter

At some point in time, most business owners or entrepreneurs will receive a cease and desist letter. While a valid claim is a treat to business owners, these letters are frequently abused for business purposes. In short, a cease and desist letter claims that you are violating someone else’s intellectual property rights. This could be a trademark, copyright or patent infringement. It might be a website domain.

Patent ideas that are really out there

Nikola Tesla has said, “I do not think there is any thrill that can go through the human heart like that felt by the inventor as he sees some creation of the brain unfolding to success.” It’s also been said that each of us will have a million dollar idea in our lifetime, but only a fraction will see that idea through. Clearly, the difference between being an idea person and being an inventor is the perseverance to turn that idea into reality.

How Should I Respond To A Cease And Desist Letter?

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.

Not your parent’s cease-and-desist letter

Cease-and-desist letters have been around forever. For those of you not in the know, a cease-and-desist letter is a document sent to an individual or a business telling them to stop (cease) and do not restart (desist) said activity. Although it doesn’t necessarily mean a lawsuit is in the works, the letter is meant to be a warning that if said activity continues, legal action could be forthcoming.

Protect your work and do a patent search

You have done a lot of brainstorming and tinkering with your invention. Now you want to protect your work and ideas. If you are considering applying for a patent, then you will want to get started off right. As you plunge into the patent process, you may want to do a patent search. A patent search will allow you to see previously issued patents, as well as published applications.

Did the Unicorn Frappuccino infringe on a trademark?

The Starbucks Unicorn Frappuccino drew international attention for its bright colors, sweet taste and limited release. Customers crowded the Los Angeles area’s more than 100 Starbucks locations in search of the drink, which, like a unicorn, had reached almost mythical status before it was no longer available. But is the fairy tale marketing success over for Starbucks?

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If you are seeking a Southern California law firm with intellectual property expertise, including help with matters involving trademark infringement, we can answer your questions. We offer a free initial consultation, competitive rates and alternative fee structures. Contact our office online or call 949-298-7840 to schedule an appointment.

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