Combating Counterfeiters

You’ve undoubtedly heard of cease and desist letters. You’ve probably heard them referred to as a C&D. You probably even get the gist of what they do, but you may not fully know how they work or how effective they can be. They are the first line of defense against counterfeiters and unauthorized sellers–Those infringers who not only damage your brand's reputation but also steal valuable profits. So let’s discuss a little about combating counterfeiters: the power of cease and desist letters. 

What is a Cease and Desist Letter?

A cease and desist letter is a legal document sent by a brand owner to an unauthorized seller demanding that they immediately stop infringing on the brand's intellectual property rights. This includes, but is not limited to, trademarks, copyrights, and patents.

Why are Cease and Desist Letters Important?

Cease and desist letters offer several key benefits for brands:

• Cost-Effective: Compared to lengthy and expensive litigation, cease and desist letters are a far more cost-effective way to address intellectual property infringement. Like I said before, this is the first line of defense because it’s way easier than jumping into a legal battle–and it works.
• Swift Action: These letters can be drafted and sent quickly, allowing brands to take immediate action against unauthorized sellers.
• Protect Your Brand: By stopping the sale of counterfeit goods, cease and desist letters help to protect a brand's reputation and ensure that consumers are purchasing genuine products.

Aggressive vs. Passive Cease and Desist Letters:

There are two primary approaches to drafting cease and desist letters: aggressive and passive.

Passive cease and desist letters:

• Focus on polite requests to cease infringing activity.
• May not include specific legal threats.
• May be less effective against determined infringers.

Aggressive cease and desist letters:

• Clearly state the legal basis for the claim of infringement.
• Include specific legal threats, such as potential lawsuits and damages.
• Set a deadline for compliance.
• Are more likely to deter infringers and achieve desired results.

ThornCrest Law's Expertise and Approach:

Let’s be real. We understand the weight of a strongly worded, well-crafted cease and desist letter. Our team of experienced attorneys has a proven track record of achieving results for our partners.

Our approach to cease and desist letters includes:

• Thorough investigation: We conduct a comprehensive investigation to gather evidence of infringement.
• Custom-drafted letters: We draft each letter to specifically address the unique circumstances of each case.
• Aggressive tone: We use a strong and assertive tone that conveys the seriousness of the infringement.
• Negotiation: We are skilled negotiators who can work to reach a favorable resolution without resorting to litigation.
• Protecting you and your business: We work carefully to ensure that our clients are in no way exposed to risk of litigation. 

When you find yourself up against counterfeiters and unauthorized retailers, it pays to have ThornCrest Law on your side. We are passionate about protecting your intellectual property rights and freeing you and your business up for further growth and expansion. Contact us today about how we can partner together.