How does one handle a demand letter regarding notice of infringement of intellectual property rights?
2 Answers from Attorneys
One calls one's intellectual property attorney. Note that an IP lawyer is a specialist; non-IP lawyers think what we do is voodoo, so be sure to call an IP lawyer as opposed to someone who does not practice in this area.
You're welcome to contact my office to set up a phone appointment to discuss this matter. 518-371-4599.
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The answer to this depends on many, many details:
Is it a state TM? Who filed it first? How long has it been used by each party?
Is it a Federal TM? Who filed it first? Was someone using the name before in a clearly defined geographic area?
Is this under DMCA? If so, it may be possible to rewrite the content on your website to conform to the law.
Is it a copyright? There are severe penalties associated with this. We would need to research the alleged infringement and prepare defenses, if any.
Is it a common law IP right created through use of IP over time? Is there vendor or customer confusion alleged?
We can go on and on and on. The fact is we need many more details in order to even begin to know what area this involves so that we can start advising you. After that we can set up a consultation for one hour to discuss your options for $350.00.
Donald W. Hudspeth
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