How to Respond to a Cease-and-Desist Letter for Trademark or Copyright Infringement
Introduction
Getting a cease-and-desist letter in the mail or your inbox can be intimidating. It’s usually the first step in an intellectual property dispute, and how you respond can make the difference between a quick resolution and a costly lawsuit. Whether the claim involves trademark or copyright infringement, ignoring the letter is the worst thing you can do. In this blog, we’ll walk through how to respond strategically, protect your rights, and avoid making mistakes that could hurt you later.
What a Cease-and-Desist Letter Means
A cease-and-desist letter is not a lawsuit. It’s a demand that you stop certain actions the sender believes infringe on their rights. Common scenarios include:
Using a brand name, logo, or slogan too similar to a registered trademark.
Reposting copyrighted photos, videos, or text without permission.
Selling products that allegedly copy someone else’s designs.
The letter is often a warning shot: comply, or face potential litigation.
Immediate Steps to Take
Don’t Panic—and Don’t Ignore It
Failing to respond can escalate the situation and increase your risk of being sued.
Do Not Respond Immediately
Resist the urge to write back defensively. Anything you say could be used against you in negotiations or court.
Preserve Evidence
Save all documents, communications, and any materials related to the alleged infringement.
Assess the Claim’s Validity
Sometimes letters are overreaching or based on weak claims. You need a professional evaluation to know where you stand.
Consult an Intellectual Property Attorney
An experienced trademark or copyright lawyer will analyze the claim, identify defenses, and advise whether to comply, negotiate, or fight back.
Possible Responses
Comply Voluntarily
If the claim is valid, stopping the infringing activity can prevent further damage and legal fees.Negotiate a Resolution
You may be able to negotiate a license, settlement, or coexistence agreement that allows both parties to operate.Challenge the Claim
If the sender’s rights are weak or your use is protected under defenses like fair use, you can push back through a response letter or litigation if necessary.File a Declaratory Judgment
In some cases, you can go to court first and ask a judge to declare that your use does not infringe, putting you on the offensive.
Why You Need Legal Help
Strategic leverage: A lawyer can frame your response to reduce liability and strengthen your negotiating position.
Litigation readiness: If the dispute escalates, having an IP attorney already on your side ensures you’re prepared.
Preventing future risk: Counsel can help you adjust your branding, marketing, or operations to avoid repeat issues.
Conclusion
A cease-and-desist letter is a serious matter, but it’s not the end of the road. How you respond determines whether you settle quickly or end up in a lawsuit. At Trestle Law, we help businesses and entrepreneurs navigate trademark and copyright disputes with a focus on protecting your rights and minimizing disruption.
Contact us today to schedule a consultation if you’ve received—or need to send—a cease-and-desist letter.
Attorney Advertising Notice and Disclaimer
This blog is intended for informational purposes only and does not constitute legal advice. Viewing or relying on this content does not create an attorney-client relationship with Trestle Law APC or its attorneys. Every situation is different, and you should consult with a qualified attorney licensed in your jurisdiction before making legal decisions.
Trestle Law APC is a California law firm. Attorney Kristen Roberts is licensed to practice law in California. This communication may be considered attorney advertising under the California Rules of Professional Conduct. Past results do not guarantee future outcomes.