Enforce your rights.
Protect your reputation.
Send demand letters, engage in trademark office proceedings, and handle domain disputes. Understanding which conflicts are worth pursuing and how to do so without causing additional harm is key.
If This Sounds Familiar…
You discover a copycat listing on a marketplace that closely resembles your brand name. A trademark application that conflicts with your registration has just been published at the Trademark Office. A domain that misspells your brand is redirecting your customers to another site. Conversely, you may have received a demand letter with a two-week deadline to respond.
Not every copycat deserves the same response. Some may require a firm letter, while others need a takedown, legal proceedings, or a simple phone call. In some cases, it might be best to monitor the situation and take no immediate action. Choosing the wrong approach can result in unnecessary expenses and, at times, negative publicity. There have been instances where excessive demand letters have embarrassed brands more than the actual infringement. My role is to evaluate what you own, understand the other party’s actions, and determine the most appropriate response.
What I Handle
Demand and Resolution Letters: I draft demand and resolution letters that are firm regarding your rights while maintaining a professional tone. These letters are carefully composed with the understanding that they may be read by individuals other than the intended recipient. Most disputes can be resolved at this stage, whether that involves stopping the infringing conduct, negotiating a license, or setting up a coexistence agreement that clarifies the terms of use.
Oppositions and Cancellations at the Trademark Trial and Appeal Board: I represent clients in proceedings at the Trademark Office’s administrative court, where you can block a conflicting trademark application before it registers or cancel an existing registration that should be invalidated. These proceedings follow litigation-style schedules, and I manage the entire process from filing through resolution.
Domain Disputes: I handle cases under the Uniform Domain Name Dispute Resolution Policy to recover domains registered in bad faith. This includes typo-squatting, impersonation sites, and domains held for ransom. I have successfully recovered infringing domains for my clients through this process.
Platform Enforcement: I assist with takedowns and brand registry complaints across various marketplaces and social media platforms to protect your brand.
Responding to Claims Against You: If you receive a demand letter or face an opposition, I evaluate the merits of the claim and respond appropriately to protect your interests.
How It Works
Intake. You begin by completing an intake form that includes links or images demonstrating the conduct in question, your registration numbers (if applicable), and any deadlines you may be facing.
Assessment. I will review the materials you provide, assess the opposing party's actions, and evaluate the potential costs versus the benefits of proceeding. You will receive a recommendation that goes beyond just presenting options.
Response. Depending on the assessment, the response may involve sending a letter, initiating a takedown, filing a claim, or waiting and observing. Each option carries different costs and risks, and the assessment will guide your choice.
Resolution. Most enforcement actions ultimately result in an agreement rather than a court judgment. This may involve the other party rebranding, removing the listing, or signing a license or coexistence agreement. I help structure settlements to ensure that the resolution is solid, with terms designed to prevent the same issue from arising.
Fees
Enforcement work does not fit a single fee structure. Pricing is based on the specifics of each case. Demand letters and complaints under the Uniform Domain Name Dispute Resolution Policy are charged as flat fees following an initial assessment. Proceedings before the Trademark Trial and Appeal Board are billed in phases, with an estimate provided before each phase begins. Responses to claims made against you will be quoted after I review the claim. Any filing fees and other third-party costs will be billed at cost and disclosed before those expenses are incurred.
What This Doesn't Cover
Copying by Shein, Temu, and marketplace sellers [link]. This falls under the fast-fashion enforcement practice, which has a separate page and intake process.
Takedowns you wish to submit yourself. Selvedge offers DIY tools, including an enforcement tool, which will be available soon.
Patent and design patent disputes. These are outside my practice, and I refer such cases to qualified patent counsel.
Start Here
Begin by completing the intake form, including links or images that demonstrate the conduct, your registration numbers (if applicable), and any upcoming deadlines you may be facing. I will prioritize matters with tight deadlines for review.
FAQs
Will sending a demand letter start a lawsuit?
1
Sending a demand letter rarely initiates a lawsuit. Most issues are resolved through correspondence and negotiation. However, the letter notifies the other party, so assessing the situation before sending it is just as important.
Do you go to federal court?
2
Yes, I do, when appropriate. My practice includes proceedings at the Trademark Trial and Appeal Board, the Copyright Claims Board, and domain disputes under the Uniform Domain Name Dispute Resolution Policy. If a dispute needs to be addressed in federal court, I manage the litigation and collaborate with local counsel when necessary based on jurisdiction.
I received a demand letter. Can you assist with that?
3
Yes, I can help. Assessing the claim and developing a response strategy is similar to the work I do on the other side. The worst reactions are panic or silence. Please forward the letter along with your intake information and note any deadlines.