Don’t Ignore That Cease-and-Desist Letter
Many software litigation disputes begin with a client receiving a cease-and-desist (C&D) letter from a software vendor or competitor. Here are 4 things you should do immediately if you get a C&D letter regarding alleged software use/infringement:
Do NOT delete anything.
Determine if the software in question has been/is being used, and the scope of any such use.
Identify relevant users/employees that have had involvement.
Consult with an experienced attorney.
Identifying the scope of your company’s use of the software in question (if any) and securing the related electronic and physical records are critical, as is consulting with an experienced attorney to help guide you through this process and any resulting dispute. Getting a complete picture of the alleged activities as early as possible in the process, as well as any resulting possible risks, will help you make better and informed business decisions on how to proceed.
