What is the purpose and effect of a cease and desist (C&D) notice in an alleged case of trademark infringement?
If a trademark owner believes someone is infringing his or her trademark, the first thing the owner is likely to do is to write a “cease-and-desist” letter which asks the accused infringer to stop using the trademark. If the accused infringer refuses to comply, the owner may file a lawsuit in Federal or state court. The court may grant the plaintiff a preliminary injunction on use of the mark — tell the infringer to stop using the trademark pending trial. If the owner successfully proves trademark infringement in court, the court has the power to: order a permanent injunction; order monetary payment for profit the plaintiff can prove it would have made but for defendant’s use of the mark; possibly increase this payment; possibly award a monetary payment of profits the defendant made while using the mark; and possibly order the defendant to pay the plaintiff’s attorney fees in egregious cases of infringement.
Related Questions
- I have retired and have no plans at present to return to practicing nursing in South Carolina. How can I have this Notice to Cease and Desist removed from my record?
- What is the purpose and effect of a cease and desist (C&D) notice in an alleged case of trademark infringement?
- Who should I send a Copyright Infringement Cease and Desist Letter to?
