Third letter complaining that your IP rights have been infringed

What’s a third letter complaining that your IP rights have been infringed and when do you need one?

This is the third communication in our suite of templates covering the infringement of your intellectual property rights by someone else.

It assumes that you have first sent the two earlier letters in this series.

This letter tracks the history and content of what you previously set out in the earlier letters. It recognises that:

  • you may not have had a reply to the first two letters, or
  • that their reply rebutted your allegations.

You’ll see that this letter does not offer you the option of reiterating your ‘let’s not involve the lawyers’ settlement offer.

This is because the gloves are now off and, in this template, you are seriously and formally asserting the infringement of your rights and setting out the next formal steps that you will be taking to protect your rights.

This letter is still optionally marked as without prejudice, because if you sent the earlier letters with the settlement option, and marked them as without prejudice, this letter needs to be sent on the same, without prejudice basis.

At this stage, all three letters would not be disclosable in legal proceedings as evidence of your reasonable attempts to resolve the disagreement.

Your next steps may well be to take legal advice about the merits, in your particular circumstances, of formally commencing legal action.

If you decide to enforce your rights, having taken this advice, the next communication you’ll be sending your infringer is likely to be a more formal letter before action, or a formal claim letter, developed with your legal advisers.