Just received a cease and desist letter from a law firm claiming my product name infringes their client's trademark. We're in totally different industries (they're B2B enterprise software, I'm a consumer app) but the names are similar.
Do I need to change my name? Do I need a lawyer? Freaking out a bit.
one thing people don't realize: ignoring a C&D completely is bad even if you think you're in the right. if they sue later, "willful infringement" = triple damages. at minimum, respond (or have a lawyer respond) acknowledging receipt
Honest question: how attached are you to the name? sometimes it's cheaper to rebrand early than to fight for years. I fought a trademark dispute for 18 months and won, but lost focus on actually building the business. not always worth it
Jumping in because I'm dealing with something similar. Got a C&D from a company in the UK — I'm US-based. Do international trademarks even apply here? Their letter references a UK trademark registration but nothing in the US.
Feels like they're just trying to bully smaller players. Anyone dealt with cross-border TM disputes?
@HRproSarah_9 — Trademarks are territorial. A UK registration gives them zero rights in the US. If they don't have a US registration or significant US common law rights (actual use in US commerce), their C&D has no teeth domestically.
That said, if you're planning to expand to the UK or EU, or if you sell to UK customers online, it gets more complicated. Also check if they filed a Madrid Protocol application that designates the US — that would show up in USPTO records.
Many UK/EU companies send these letters preemptively hoping you'll just comply. A polite response pointing out jurisdiction usually ends it.
Good point @travis_m_8 - change of control provisions in coexistence agreements are critical and often overlooked. Also worth including non-expansion clauses (they stay in their market, you stay in yours) and mutual non-disparagement.
These agreements can get complex but they're so much cheaper than fighting in court. I draft probably 10-15 of these per year for startup clients.