Finding copied software, a similar logo or a product that looks too close to yours can make you want to act fast. A cease-and-desist letter may help stop the problem, but it can also escalate the dispute. Before sending one, you should review your rights, organize your proof and think through how the other side may respond.
Confirm what you own before making a demand
Gather records based on the type of intellectual property involved:
- Trademarks: Review federal or Georgia registration filings, proof of first use, sales dates and marketing materials.
- Copyrights: Gather drafts, files and registration details. Note that registration is generally required before filing an infringement lawsuit.
- Patents: Review the registration number, ownership records and evidence of how the other party’s product infringes.
- Trade secrets: Gather non-disclosure agreements, confidentiality policies and access logs.
Check contracts with designers, developers or employees to ensure they formally assigned the IP rights to you.
Review the facts before accusing infringement
A strong demand usually identifies the specific conduct at issue. Instead of saying someone “copied your business,” focus on what they used without permission. Evidence to gather may include:
- Copies or screenshots of the allegedly infringing material
- Dates of use, publication or sale
- Purchase records, archived web pages or online listings
- Customer confusion, lost sales or other business harm
Clear facts reduce the risk of sending an overbroad demand.
Check Georgia’s patent demand rules
If your dispute involves a patent, Georgia law prohibits bad-faith assertions of patent infringement under O.C.G.A. § 10-1-771. The demand should typically identify the patent number, the owner and the factual basis for the claim to avoid accusations of deception or bad faith.
Prepare for the other side’s response
A cease-and-desist letter does not end every dispute. The recipient may deny infringement, ask for more proof, negotiate a license or file a declaratory judgment action asking a court to rule on the parties’ rights.
Before sending the letter, decide what result you want. You may want the other party to stop using the IP, remove online listings, preserve evidence, pay damages or enter a license agreement.
Moving forward carefully
A cease-and-desist letter is most effective when grounded in clear facts and ownership records. This preparation helps you protect your brand while minimizing the risk of a legal backlash.