Notice of Trademark Infringement

A Notice of Trademark Infringement is a formal communication from a trademark owner to an alleged infringer informing them of the infringement and demanding that they cease the infringing activity. The notice typically identifies the trademark, the infringing use, and the legal basis for the claim. It may also include a deadline for response, an offer to license the mark, or a threat of legal action if the infringement continues. Sending a notice of infringement can be a precursor to filing a lawsuit and may be required to seek certain remedies, such as statutory damages or attorney’s fees. It can also be a way to open negotiations and resolve the dispute without litigation. However, sending a notice also risks escalating the conflict, inviting a preemptive lawsuit, or triggering insurance coverage for the alleged infringer.