Navigating Cease and Desist Letters (Live Reteach)

Sonia and Erik are back! We've had a huge demand for this class and we finally made it happen. Most of us can file an application, deal with Office Actions, and get the mark to registration. But what happens when there is an infringer afterward? Or even before? Even if you aren't a litigator, we should all be equipped with the skill set to send and respond to a trademark infringement cease and desist letter. Sometimes you may even need to send one. We've got you covered either way.

This training includes:

• Investigation of the infringement 
• The importance of priority (dates, use, etc.)
• Mechanics of letter-sending – who to send to, where to send, how to send, etc.
• Sending a cease and desist letter: Essential terms and sections
• Responding to a cease and desist: Essential terms and sections
• Tone and word choice (beware of the Streisand Effect)
• Demands: What is fair and reasonable
• What comes next (negotiation, follow-up, etc.)
• Bonus: Responding to template copyright infringement claims

Of course, you knew there would be a workbook too!* Included with your purchase is a workbook featuring over 47 example letters (!!) ranging from amicable to aggressive in nature, covering trademarks, copyrights, AND design patents. Wowzas.

PLUS...we've armed you with a huge checklist of issues and considerations for: 1) When you are sending; and 2) when you've received one.

Most of us can file an application, deal with Office Actions, and get the mark to registration. 

Navigate the complexities of trademark common law with confidence and expertise. This specialized training is designed for trademark attorneys seeking to deepen their understanding of how common law principles affect trademark rights, disputes, and enforcement strategies.

What You’ll Learn:

• Key differences between common law and federal trademark rights.
• Practical strategies for protecting unregistered marks.
  
• Tips for advising clients on the strengths and limitations of common law rights.
• Best practices for leveraging common law protections in litigation and enforcement.
• Several examples of real-world scenarios involving common law disputes and how to resolve them.

*If you want to register for the course AND get the workbook, be sure to purchase the combo version!

And now, for the first-time, enjoy the brand new clinic component to practice your cease and desist skills in real-time. Sonia and Erik will lead you through a series of hypothetical client scenarios and practice assignments in the following areas:

• How to know when it's time to send a cease and desist letter
• What information and details you will need from your client, depending on whether you are sending or receiving a cease and desist letter
  
• The first steps to take if you've received a demand letter
• Evaluating the viability of common law and senior user vs. junior user scenarios

During the clinic time frame, you'll be given each assignment, given time to draft your best answers, and then - best of all - you'll be able to compare your work to the model answer on the screen!

When we wrap up, we'll even be giving you additional optional homework assignments to complete on your own schedule so that you can check the model answers whenever you are ready.

This course was originally taught back in 2019 and is being re-taught live for CLE credit now. Even if you participated in the previous version or the replay, this Live Re-teach will be tons of new material on this topic plus the brand-new clinic component to practice your skills.