Trademark News & Screw-ups NTS accused of bullying in row over Glencoe trademark

First rule when having your lawyers send someone a cease-and-desist letter is, assume the other side is going to make the letter public. If you think you will have a PR nightmare on your hands if your demand letter is published, do not send that letter. The demand letter is not only your opportunity to convey to the other side that your legal position is tenable but also to start building the story that paints you in a better light than the other side. Remember: the audience of the demand letter is not just the other side. At the very minimum, it's the judge who is going to determine who wins. Today, more than ever, the letter's audience is everyone. P.S. And no, you can't force the other side not to publish your letter by claiming that it is confidential.

The video below features Andrei Mincov's commentary of this article.



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Disclaimer: Please note that this post and this video are not and are not intended as legal advice. Your situation may be different from the facts assumed in this post or video. Your reading this post or watching this video does not create a lawyer-client relationship between you and Trademark Factory International Inc., and you should not rely on this post or this video as the only source of information to make important decisions about your intellectual property.