I Got a Scary Letter Saying my Brand Name is ‘infringing.’ Now what?

You’re having a regular Tuesday morning, you have a great day scheduled for your brand, and as you go out to the mail, but as you come in, you call your business partner and say,” I got a scary letter saying my brand name is ‘infringing”. Now what?” Your stomach drops, and you don’t know what to do next.

It demands that you stop using your business name. It might threaten a lawsuit. Sometimes it even sets a short deadline, as you’ve already been tried and convicted.

First: take a breath. A cease & desist letter is serious, but it is not a court order. It’s a claim. And how you respond in the next few days can protect (or accidentally damage) your position.

Here’s what I give people when they call Tucker Law after getting one of these letters.

1) Don’t ignore it—but don’t panic-respond either
Ignoring a cease & desist letter can be risky because the other side may use your silence as a reason to escalate. But firing off a quick emotional email at 11:30 p.m. can be just as risky.

Think of it like getting a demand letter after a fender-bender: you don’t admit fault on the spot, and you don’t toss it in the trash. You gather facts, protect evidence, and respond strategically.

2) What not to do (this is where people accidentally hurt themselves)
If you do nothing else, avoid these common mistakes:

• Don’t admit infringement or apologize “to keep the peace.”
  Even a polite “I didn’t realize I was infringing, sorry!” can be used against you later.
• Don’t promise to stop using the name before you know your options.
  Once you take the name down, change listings, or announce a rebrand, it can be harder to go back.
• Don’t delete posts, reviews, messages, or old branding files.
  Deleting can look like hiding evidence. If this turns into a legal dispute, you want clean hands.
• Don’t file a rushed trademark application to “beat them.”
  A fast filing without a strategy can create bigger problems (including allegations you filed in bad faith).
• Don’t get into a social media war.
  Public callouts can trigger more aggressive legal action and make settlement harder.

3) Read the letter like a lawyer would: what are they actually claiming?
Most cease & desist letters boil down to a few key points. You’re looking for:

• Who is complaining?
  Is it the actual brand owner, or a law firm on their behalf?
• What rights are they claiming?
  Are they pointing to a federal trademark registration, a state registration, or “common law” rights (use without registration)?
• What exactly do they want you to do?
  Stop using the name entirely? Change your logo? Stop using it in ads? Transfer a domain? Hand over social handles?
• What’s the deadline, and what are the threats?
  Some letters are reasonable; others are designed to scare you into immediate surrender.

4) Gather your facts before you respond
Before anyone responds, we typically collect a basic “brand evidence packet.” You can do this quickly:

• When did you first use the name in business?
  (Invoice, website archive, social posts, receipts, packaging proofs.)
• Where have you used it?
  (Geographic area matters more than people realize.)
• What goods/services do you offer?
  Similarity is a big part of trademark disputes.
• How do you present the name?
  Fonts, logos, colors, taglines, and whether customers could confuse you with them.
• Do you have a registration pending or granted?
  If yes, what classes and dates?

This is the difference between reacting and responding.

5) Your options (it’s rarely just “fight” or “fold”)
Most people assume there are only two choices: shut down or get sued. In reality, there are several practical paths.

Why having a lawyer helps, even if you want to “keep it friendly”.
A cease & desist letter is a legal chess move. You don’t need to be combative—but you do need to be careful.

A good attorney can help you:

• Evaluate whether the claim is real risk or mostly intimidation
• Respond without damaging admissions
• Negotiate terms that protect your brand’s future (and your budget)
• Avoid expensive mistakes like a rushed rebrand or a bad trademark filing
• Build a plan that fits your business goals, not just the legal theory

Most importantly, we keep you from stepping on the landmines that are easy to miss when you’re stressed.

Your response to a cease & desist letter isn’t just “a reply”—it’s evidence. When you respond on your own, it’s easy to accidentally admit things you don’t mean to admit (“I didn’t realize,” “I’ll stop,” “we’re probably confusing”), over-share details that strengthen the other side’s case, or agree to terms that quietly wreck your business (like giving up a domain, social handles, or future expansion).

A lawyer steps in as a buffer and a strategist: Evaluating whether the claim is legitimate, identify defenses and leverage, communicate in a way that protects you from damaging admissions, and negotiate practical solutions that fit your goals—whether that’s coexistence, a limited change, or a clean exit plan—without you getting boxed into a corner by fear or a rushed deadline. If you built your brand like a house, you want your response built like a foundation, not a panic-text.

A lot can go wrong if you decide to respond without an attorney. Here are a few big pitfalls Tucker Law has seen when people respond without a lawyer:

1. Accidentally admitting liability
2. Over-sharing facts that help them and their case
3. Agreeing to terms that are way broader than necessary
4. You trigger escalation by sounding aggressive or dismissive
5. You make a rebrand mistake
6. You delete things you shouldn’t – “cleaning up” looks like you’re destroying evidence
7. You file a rushed trademark application that backfires
8. Missing deadlines or procedure steps
9. You don’t preserve your leverage

Responding without an attorney can turn a manageable dispute into a costly one—either by giving the other side ammunition, giving up rights you didn’t need to surrender, or provoking a lawsuit that could’ve been avoided.

Don’t hand them free evidence.
If you received a scary infringement letter, you don’t have to guess your way through it. The right next step is a calm, informed response, built on facts, not fear.

If you want help figuring out what the letter really means and what your best options are, call Tucker Law at 1-800-TUCKERWINS. Our firm will walk through the situation with you, explain your leverage, and your risks, as well as help you choose a path that protects what you’ve built.

(General information only; not legal advice. Every case depends on the specific facts.)