What to do next
Common situations
A larger competitor claims your brand name is confusingly similar. A stock image agency demands payment for a photo on your website. A patent holder asserts your product infringes. A software vendor alleges licence non-compliance. A former partner claims ownership of material you have been using. Each carries very different risk, and the letter alone does not tell you which you are facing.
Do not destroy anything, and note the deadlines
Once a dispute is foreseeable, deleting relevant material can be treated as spoliation and is far more damaging than the underlying claim. Preserve records. Note any deadline stated in the letter, but understand it was chosen by the sender, not by law - it is not automatically binding.
Establish whether the right actually exists and covers you
Registers are public. A lawyer will check whether the trademark, patent or copyright is registered, in force and owned by the sender, and whether its scope genuinely covers what you are doing. Overstated claims are common - assertions of rights that expired, were never registered, or cover something narrower than alleged.
When to speak with a lawyer
Before responding, particularly where the letter threatens proceedings, demands payment, sets a short deadline, or comes from counsel. What you say in an initial reply is difficult to walk back, and silence has consequences too.
Types of lawyers who handle this
An IP lawyer matching the right asserted - trademark, patent, copyright or trade secrets. Where the demand is a licence-compliance or contractual claim rather than infringement, commercial litigation counsel may be the better fit.
What to prepare
The letter and its envelope or email headers, evidence of when you started using the material or mark, your own registrations or applications, contracts and licences covering the material, invoices or design files showing independent creation, and a note of anyone who was involved. Gather only what you hold or can lawfully obtain.
Possible legal pathways
A reasoned response disputing the claim, a negotiated licence or coexistence agreement, a rebrand or design-around where that is commercially cheaper than fighting, an administrative challenge to the asserted right, or defending proceedings if they follow. Which is right depends on the strength of the claim and what the disputed asset is worth to you - not on who sent the more aggressive letter.
Frequently asked questions
Do I have to comply by the deadline in the letter?
The deadline was set by the sender, not by law, and is not automatically binding. Ignoring the letter entirely is unwise, but taking a few days to get advice is normal and reasonable.
Can I just ignore it?
Not advisable. Ignoring an assertion tends to escalate it, and in some contexts continuing after notice can affect what a court later awards.
Is the claim usually valid?
Frequently it is overstated. Rights that have expired, were never registered, or cover a narrower scope than asserted are all common. That is precisely why the register check comes before the reply.
What does it cost to respond?
Far less than defending proceedings. Many IP lawyers offer a fixed-fee assessment of a cease and desist, which usually pays for itself in the response strategy alone.
Should I rebrand or redesign instead?
Sometimes that is the cheaper commercial answer, particularly for a young brand. It is a business decision informed by the legal analysis, and worth costing properly before deciding to fight.
This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.