It arrives in your inbox or by registered mail. A letter from a law firm you’ve never heard of, representing a company you probably have. It says your brand name infringes on their client’s trademark rights. It demands you stop using it — immediately. It’s a cease-and-desist letter, and for most small food producers, it’s one of the most stressful moments in building a business.
Here’s what you need to know: a cease-and-desist is not a court order. It’s a demand. Your response to it — and how quickly and carefully you respond — will have a significant impact on where this goes next.
Step 1: Don’t Panic — and Don’t Respond Immediately
The instinct when receiving a cease-and-desist letter is to either panic or react defensively. Both are understandable, and both are costly.
Panicking leads to hasty decisions — stopping all operations, agreeing to unreasonable terms, or spending money on worst-case scenarios that may not materialize. Reacting defensively — firing off an angry reply, dismissing the claim publicly, or ignoring the letter — can turn a manageable dispute into expensive litigation.
Give yourself 24 to 48 hours. Note the response deadline stated in the letter. Don’t let it lapse, but don’t respond emotionally either.
Step 2: Get Legal Advice — Before You Do Anything Else
This is the most important step, and it can’t wait. Trademark disputes are technical — the outcome depends on specific facts, registration status, class coverage, the similarity of the marks, the channels of trade, and much more.
What looks like an open-and-shut case rarely is, in either direction. A cease-and-desist letter from a famous brand’s law firm may look intimidating, but the legal claim may be weaker than it appears. Equally, a claim you think you can dismiss may have more merit on closer review.
An initial consultation with a trademark lawyer — focused specifically on this letter — gives you the information you need to make a rational decision. What are the actual risks? What are your options? What’s the likely cost of each path?
Step 3: Assess the Actual Risk
Once you have legal advice, you’re in a position to assess what you’re actually dealing with. Key questions:
- Does the sender have a valid, registered trademark in the relevant class?
- Is there a genuine likelihood of consumer confusion between the marks?
- What are the damages they could realistically pursue, and what is the cost of fighting it?
- Is there a geographic scope issue — are they registered where you’re operating?
- Do you have any prior use or registration rights that could support your position?
The answers to these questions determine your options. In many cases, there’s more room to negotiate than a cease-and-desist letter suggests.
Step 4: Explore Your Options
Depending on the assessment, your options typically include:
- Negotiate a coexistence agreement — This allows both brands to operate with agreed-upon distinctions (geography, channels, product types). Many trademark disputes end this way
- Agree to a licensing arrangement — In some cases, a formal licence from the rights holder allows continued use under defined terms
- Dispute the claim — If the legal analysis supports it, you can respond asserting your own rights and contesting the claim
- Rebrand proactively — If the legal risk is real and the brand equity is limited, a strategic rebrand may be the most cost-effective path forward
None of these options is automatically right or wrong. The best choice depends on your legal position, your brand equity, and your business goals.
Step 5: Don’t Self-Represent in a Trademark Dispute
This is worth stating plainly: trademark disputes are not a place for DIY legal strategy. The procedural requirements, the legal standards, and the negotiating dynamics are all areas where professional representation makes a real difference.
A well-handled response to a cease-and-desist can preserve your brand, limit your costs, and open a path to resolution. A poorly handled one can accelerate litigation you weren’t prepared for.
A cease-and-desist is a starting point, not an ending. How you respond shapes what happens next.
One More Thing: Learn from This
Whether you end up defending your name or choosing to rebrand, a trademark dispute is a prompt to audit your IP position. Are your marks registered in all the classes you need? Are you monitoring for potential conflicts? Is your legal protection keeping pace with your brand’s growth?
If you’ve just received a cease-and-desist, now is a good time to call a lawyer. If you haven’t, now is an even better time.
Read our post about the real-life case of trademark infringement