Trademark bullying has reputational harm – brands will refrain
Patricia E. Campbell, 2023 - Law School Professor and Director of the Intellectual Property Law Program at the University of Maryland Carey School of Law “Debugging the Trademark Laws: The Lanham Act and Counterfeit Microelectronics,” 31 TEX. INTELL. PROP. L.J. 211 (2023). Hein Online. Accessed via University of Michigan //DH
Relying on cease-and-desist letters may result in unintended negative consequences, however. If a parts manufacturer sends a cease-and-desist letter to an accused counterfeiter, it may lose any right to obtain an ex parte seizure order from the court, thereby forfeiting one of the valuable tools provided by Lanham Act.368 Sending a cease-and-desist letter could also result in the commencement of a declaratory judgment action by the prospective defendant, potentially in a district where the manufacturer would prefer not to litigate, or it could result in the goods or the counterfeiter disappearing from the jurisdiction.369 The recipient of an aggressive demand letter may also use social media to post the letter and subject the trademark owner to public scorn.370 “Being perceived as a trademark bully does not help the brand’s reputation.”371