Prepare a cease-and-desist letter for trademark or patent infringement
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Index the registration or patent, the claim chart and the product pins. Write no sentence of the letter.
- What the lawyer must review
- You write and sign the letter. A registered-mark demand is grounded in 15 U.S.C. § 1114, and a false designation or false sponsorship demand in § 1125(a). A patent demand is grounded in 35 U.S.C. § 271. Check every registration and patent number on the official record. If the letter becomes a paper filed at the USPTO, 37 CFR § 11.18 is your certificate and you insert your own signature. Opinion 512: you do not send generated allegations you have not checked.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Potential support includes extracting and organising information. Confirm the tool’s capability and permitted scope. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Check the current court or regulator requirements, prescribed form and attachments for the intended document and filing.
- Obtain and inspect the relevant current official register or search result. Confirm identities, interests and the date and scope of the search.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| DMCA notice of claimed infringement | Notice | AI use Red | Checklist and cover fields for a notice of claimed infringement under 17 U.S.C. § 512(c)(3). |
| Trademark cease and desist letter | Letter | AI use Yellow | Letter asking a person to stop a use that may infringe a trademark or create a false designation of origin. |
Signed-in accounts can read the full text of each one. All precedents.