We assist in all 50 states
What is a trademark?
The purpose of trademark law is to aid consumers in identifying and differentiating between brands and to protect the trademark owner’s goodwill and reputation. Preventing third parties from using another’s trademark, or a mark that is confusingly similar assures consumers that the products or services offered under the subject mark will be the same or similar to those that they have purchased from the producer in the past. Thus, trademark law seeks to protect against consumer confusion in the marketplace. Trademarks give your business a competitive edge by providing an exclusive identity to your customers and clients.
Did you know? Trademarks are under federal law, so we help businesses in all 50 states!
What is copyright law?
A copyright protects an original work of authorship that has been fixed in a tangible medium of expression. A copyright owner has the exclusive right to exclude others from reproducing, adapting, distributing, and in some cases, performing or displaying a work of authorship.
Examples of what copyrights can apply too? Music, literature, drama, literature, pictures, graphics and sculptures, etc.
Importance of copyright registration. In simple terms, registration is required in order to sue a copycat for infringing on your rights. Registration of copyrights makes it so much easier to enforce your rights.
Trademark and Copyright Cease and Desist Letters
Cease and desist letters are an increasingly common way for copyright holders to handle copyright infringement and prevent ongoing infringing activity. If you believe someone is infringing your copyright or trademark, you have the option to send a infringement letter, ordering the individual to cease and desist the infringing activity. Often, copyright holders can resolve matters quickly without needing to resort to a federal copyright lawsuit. You may even consider that the third party pays you to continue using your copyrighted work.
Copyright Infringement Letter
If you get a copyright cease and desist letter, you should not ignore it, but you also should not panic. There are unique types of cease and desist letters and you do have options for how to respond. Each situation and each individual will have an uncommon response that is heavily contingent on both the facts and that person’s risk tolerance level. You could be liable for serious damages up to $150,000 per copyright work in federal court if you ignore a cease and desist letter. We can help you explore your options, negotiate settlements, and ensure the copyright release agreement has favorable terms that protect you and don’t leave you exposes to future litigation.