Trademark litigation
It may happen that you receive a letter of formal notice or a letter of complaint, and a third party accuses you of using a trademark, domain name or company name that is considered too close to what you are using.
In certain situations, the disagreement can be settled amicably between the parties. But if this happens to you, bear in mind that the people who contact you often have an in-house legal department or are assisted by an intellectual property consultancy or a lawyer.
It is therefore advisable to seek assistance to ensure that your response is appropriate, proportionate and well-informed.
Indeed, there are a few mistakes to be avoided, which can be detrimental to you in retrospect.
First and foremost, communications between attorneys and lawyers are confidential. In other words, they can admit or express any opinion, but their content cannot be brought to the attention of a court if the case were to go to litigation.
On the other hand, communications you may have directly with the opposing party, or its attorney may be used against you in court. You should therefore be very careful about what you write.
Consulting an IP attorneys’ firm can also help you to see more clearly what you are accused of, and to assess objectively whether you are really at fault, or whether the opposing party’s claim is unfounded or exaggerated. In many cases, there are legal means available to you to respond to what is being asked.
What’s more, even if you find common ground with the third party, you will each have obligations to fulfill to bring peace to the situation (partial or total trademark withdrawal, limiting its scope, modifying the website, etc.). It is a good idea to formalize these mutual commitments so that each party is bound by them. Here again, the assistance of a legal professional specializing in intellectual property is essential to prevent any pitfalls.
Our teams are at your disposal to give you an initial opinion by email or telephone and consider together the best way to help you.
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