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What are some ways to respond to a cease and desist letter for trademark infringement online?

Welcome to the complexities of trademark law

So here’s the thing about trademarks infringement—there are usually three things the court looks for. Those things are:

  • The plaintiff must prove that they own the valid mark
  • The plaintiff has been using it for a longer period of time
  • Your use of the trademark or logo causes confusion for the consumer

Because your website is relatively new, the first two points are pretty much a slam dunk for them, but the last area is the one that is open for interpretation. You have to be able to show how your website doesn’t confuse the average consumer. The best thing you can as far as answering the request is to first consult an attorney.

LawTrades can connect you with a seasoned IP attorney that can walk you through the next steps of the process. Take a look at our website and get in touch if you’d like a consultation. Best of luck!


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