If you find another business is infringing on your trademark, you have a few options.
One of most common options is to send a cease & desist letter. This is a letter in which you tell the bad guy to stop doing what they’re doing or you’re going to do whatever it takes to stop them. The tone of these letters can range from neutral to aggressive depending often on how our clients feel and how flagrant or obvious the infringement is. A cease & desist letter can be very effective without having to resort to the “or else” threatened in the letter. Nobody likes to receive a cease & desist.
Striking a licensing deal is another option. Instead of fighting each other, businesses might find a way to work together so all parties can benefit.
A third option is to file a lawsuit in federal court. You may base your lawsuit on your federal trademark registration with the USPTO. If you have not registered your trademark, you may still have a basis for your lawsuit from what are known as common law rights. These basically arise from your trademark use in the marketplace. Filing a lawsuit is the most expensive option, but if your intellectual property is very valuable, it can be worth the investment. Also, if you have federally registered your trademark, you have the ability to recover attorney fees from the infringing party.
