Legal Question in Intellectual Property in Minnesota

If I sign a cease and desist letter and send in the monetary payment they ask for, can a law firm/company sue me after the fact, even if I do cease and desist?


Asked on 1/08/10, 7:43 pm

2 Answers from Attorneys

Sarah Grosse Sarah Grosse, Esquire

Assuming that you were accused of infringing federal intellectual property rights (patents, copyrights, trademarks), the answer is yes. When complying with a cease and desist, one should get a short agreement which releases the alleged infringer from past claims of infringement.

Read more
Answered on 1/14/10, 3:15 am
Quinn Johnson, Esq. Johnson PC, Attorneys at Law

Before signing and agreeing to the demands of a Cease and Desist letter regarding intellectual property (copyrights, trademarks, etc.), you must (1) determine whether you actually have infringed upon someone's IP rights (2) and, if so, are there any defenses which would preclude you from needing to make monetary payment to the IP rights holder.

There are many complex factors that must be determined as to the validity of a Cease and Desist demand letter, so I recommend that you contact an experienced Intellectual Property attorney to resolve this matter on your behalf.

COMMENTS MADE HEREIN ARE NEITHER LEGAL OPINION NOR DO THEY ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP.

Read more
Answered on 2/02/10, 4:50 pm


Related Questions & Answers

More Intellectual Property questions and answers in Minnesota