The Power of The Spoof and Other Reasons to Question the C&D Letter

Receiving a "Cease and Desist" letter claiming that your trademark is infringing or diluting an established brand can be an extremely unnerving experience.  Even more so when that letter has been sent by a Fortune 500 company.  The cynical purpose of such correspondence is to intimidate, to cause the recipient to scramble and abandon their mark.  Sometimes, this is a warranted and necessary enforcement of a company's brand.  But it is important to remember that the C&D is often a reflex tactic, employed without much consideration for the underlying legal authority.  As this article illustrates (, it's best not to panic.  Contact an experienced IP attorney first to see where you stand.  Recent decisions suggest that even if the opposing party is looking to flaunt their legal war chest, they would be wise to think twice about the strength of their argument before lighting the litigation fuse.  More on that here: