This Is Our “17 Seconds” Newsletter #125: 17 Seconds = Useful Info Quickly.
When communicating with another party about possible IP infringement (whether via a cease & desist letter or otherwise), there are words that you should avoid, including, but not limited to, “cease & desist,” “infringement,” and “litigation.” Specifically, if you say or write any of the magic words, then you would likely have created/triggered a “case or controversy,” which then allows the other party to file a declaratory judgement (DJ) lawsuit against you in federal court seeking a determination of NON-infringement. The problem being that you would be forced to litigate as a defendant in their jurisdiction. In short, a DJ lawsuit allows a clever IP defendant to go on the offensive and become a plaintiff in federal court – on their home court.
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