RESPONDING TO IP CEASE AND DESIST LETTERS

It can be unsettling when a business receives a cease and desist letter claiming that the company has violated the intellectual property rights of a third party, such as copyrights, trademarks or patents.  Often the letters are vague, in some cases deliberately so, and they may demand large monetary payments.  A quick and accurate assessment of the merits of the claims, however, will enable the company to gauge its exposure and develop and implement the appropriate defense strategy.  This article, first published in the April 2011 edition of the Westchester County Bar Association Newsletter, reviews some of the steps that should be taken when a cease and desist letter is received.