When you discover that someone is infringing on your copyright, it is important to take action right away. While you may be upset and want to attempt to file a lawsuit immediately, that is typically not the best course of action. In many cases, the infringement of your copyright is actually unintentional or else done without any ill will. You can often get the offending party to stop either by asking them or sending a cease-and-desist letter. Even if you don’t think that this will be effective, it is an important first step in preparation for any potential legal action.
Asking the Other Party to Stop
You have undoubtedly put a lot of time and effort into the things that you create, which is why you want them protected with a copyright or trademark. In many situations, the easiest and fastest way to get the other party to stop is to simply ask them. Sending the other party a letter or giving them a call may be a good place to start if you believe that the infringement may have been unintentional. Of course, you will want to talk to your attorney before taking any action as you need to be careful about what you say or do.
Having a Cease-and-Desist Letter Sent
If you aren’t comfortable directly asking the other party to stop, or you did and they will not correct their actions, then the next step is generally going to be to send a cease-and-desist letter. This is a formal letter that should come from your attorney telling the other party that they are violating your copyright or trademark and that if they do not stop immediately, legal action will be taken.
In many cases, simply receiving this type of letter and seeing the law office letterhead is enough to get the other party to comply. Most people do not want to go through a costly and time-consuming court battle so they will do the right thing and stop violating your copyrights.
Another nice thing about a cease-and-desist letter is that it can be sent right away. You do not need to wait for a court date or other things to occur before you can take this step. This means potentially reducing the amount of time that your copyright is being infringed upon.
Taking Legal Action is Always an Option
If the offending party does not stop infringing upon your copyrights or trademarks, you will still have the option to file a lawsuit even if you have already sent a cease-and-desist letter. In fact, since you will have already worked with an attorney to draft the letter, they will be aware of the situation so they can take action more quickly if the issue needs to be escalated. Contact us to schedule a consultation and discuss your specific situation so we can help you right away.
Aftermarket Law
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