Cease-and-desist notice for infringement of IP rights

For a trade mark, ownership, territory, goods, validity and genuine use are checked. For copyright, the creation, author, date and chain of assignments are documented. An isolated screenshot is not always sufficient to prove the extent and date of infringement.

Possible defences must also be analysed: descriptive use, quotation, a licence, exhaustion of rights, absence of confusion or an earlier right held by the recipient. The conclusion may be a notice, a platform request, negotiation or urgent action.

The notice must allow the recipient to understand who is making the claim, what conduct is challenged and what specific remedy is requested. Assertions must be supported by documents and legally delimited.

• The right relied upon: registration number, work, owner and territory.
• The facts: URLs, products, advertisements, dates and preserved evidence.
• The analysis: the connection between the use and the exclusive right allegedly infringed.
• The demands: cessation, withdrawal, destruction, information, an undertaking or damages.
• The deadline: realistic, verifiable and adapted to the urgency.
• Reservation of rights: without overstating consequences not arising from the law.

The recipient may contest the right, request proof of use, challenge the trade mark or seek a declaration of non-infringement. Every assertion in the notice should therefore be prepared as if it might later be read by a court.

Sometimes the commercial objective is a licence, delineation of markets or gradual change of the sign, not immediate disappearance of the other party’s business. An invitation to negotiate may produce a faster result without abandoning the legal position.

Depending on the right and urgency, the holder may consider interim measures, infringement proceedings, claims, disclosure of information or preservation of evidence. Choosing the court and applicable law is critical in cross-border online disputes.

The recipient’s silence does not automatically prove infringement, and action should not be delayed until the loss grows. The internal file should contain the evidence, loss calculation and communication history.