Infringement Defense

Notice of infringement

Usually the first indication of infringement comes in the form of a casual or professional email from the trademark owner, or a formal cease and desist letter. These letters provide knowledge of the infringement — and continued use of the mark with knowledge can subject you to liability for willful infringement, where damages are significantly higher. It is extremely important to address any correspondence received about potential infringement.

Alternatively, you may receive a notification from a service provider hosting your product or services (YouTube, Amazon, eBay) indicating that your product has been removed or your account suspended. In these circumstances, funds you have earned on the platform will typically be frozen by a temporary restraining order subject to the ongoing litigation.

Why you cannot ignore these notices

Even if the infringement claims appear invalid, ignoring them can subject you to significant liability. While many of these notices and actions can be challenged and defeated, they should never be ignored. Delayed or non-action can result in serious repudiation by the rights holder if allegations are proven true.

If you have received a DMCA notice, cease and desist letter, temporary restraining order, or summons, you should seek legal counsel immediately. Many small businesses and e-commerce sellers find themselves subject to litigation and take no action, delayed action, or improper action — resulting in further damage. We help clients resolve these matters as quickly as possible so they can get back to normal operations.

Default judgments

If no action is taken in response to a lawsuit, the defendant may be found in default. When that occurs, individuals can be liable for significant amounts of money, and their accounts and business may have to suspend operations or cease altogether. A defendant's obligation under a default judgment can be relieved if a Satisfaction of Judgment is filed by the plaintiff — and proper legal action may help eliminate or reduce those financial obligations. If you have received a default judgment in relation to an infringement lawsuit, you should seek legal counsel immediately.