Strategically evaluating infringements: cease and desist or cease insisting?

By Emily Burns

‘Enforce it or lose it’ is the maxim that runs through most brand protection strategies – but is it the smartest way to proceed, or even legally necessary? Learning to live with a little unauthorised use could yield surprising results for brand owners.

We know that we must triage our enforcement efforts, whether due to company culture, lack of internal resources or concerns over legal budget. The law allows us to do this by supporting flexibility rather than requiring perfection. Instead of employing a scattershot process of churning out demand letters, we can be strategic in our prioritisation by closely examining the nature of the harm to our brand and to consumers, avoiding disputes that may result in a PR catastrophe and protecting our trademark rights at times where they may be vulnerable. Creative brand protection ideas can achieve a resolution that is better for our brand, our reputation, our fans and potential business partners, and the trademark community.

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Issue 74