When Silence is Not Very Golden


While it is true that not responding to a trademark cease and desist letter is always an available option, I tend to believe it is rarely a good choice. The strategy of silence seldom makes the issue go away, it often ends up costing the recipient more money to resolve the issue, and it is more likely to place the trademark enforcement target in a less favorable business and legal position in the end.

So, it is surprising to me how many recipients of trademark demand letters actually ignore or seriously consider ignoring the cease and desist letter and doing nothing. Perhaps more surprising is when I hear about lawyers recommending silence as a serious option, apparently hoping that the trademark owner isn't serious, that it won't smell blood in the water, that it will get tired of chasing the enforcement target, lose interest, and/or not follow through on its "trademark bullying" demands.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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