U.S. Trademark Infringement Law

Before sending out a cease and desist letter regarding trademark issues, trademark owners should carefully consider a few critical questions to ensure they are taking a measured and legally justified approach.

When drafting a cease and desist letter for trademark infringement, one of the critical elements you must address is the "likelihood of consumer confusion." This legal standard is central to trademark law and serves as a primary determinant in assessing whether an infringement has occurred. This blog post explores the factors that support a finding of likelihood of consumer confusion and outlines what information and legal claims should be included in an effective trademark cease and desist letter.

When protecting your brand's integrity and trademark rights, cease and desist letters are a common tool. However, it's essential to approach this tool with caution, especially when the recipient may have superior common law rights to a trademark. Understanding the legal and strategic risks involved can help you make informed decisions that protect your business interests without inviting unnecessary legal battles or damaging your reputation.

Licensing agreements can monetize IP or unlock needed technology—but ambiguous scope, royalty disputes, and missing quality control create serious risk. A practical guide for US small businesses.

When similar trademarks conflict, consent and coexistence agreements can resolve disputes without abandoning your mark. Learn pitfalls, key provisions, and ongoing compliance.

Naked consents and unrestricted licenses may seem convenient, but they can abandon trademark rights and damage your brand. Understand the risks and safer alternatives.