Nearly all intellectual property protection attorneys, such as Parsons Behle & Latimer will have to send notices to offending parties. Clients need to understand that the process involves more than just turning the lawyers loose on violators. Notices need to include many key features, and here are 5 of the most important ones you should care about.
Written Notice
It's wise to send a formal notice in writing to the offending party. Although many folks try to speed this process up by sending digital notices through emails and direct messages, that approach presents a legal problem. Specifically, it fails to provide proof of who received the notice. If you can't prove that you've properly notified whoever you feel is in the wrong, a court is not going to be happy with you bringing a complaint against them.
Names
If at all possible, you want to be able to name who has violated your intellectual property. Otherwise, it will be close to impossible to bring a suit if the matter can't be resolved amicably. Naming should involve identifying at least one specific individual or organization.
Details
You'll also want to provide details regarding what violations occurred. This should include dates for when you became aware of particular violations, and you ought to include information about how you became aware of the offenses in question.
Each piece of intellectual property involved in the violation needs to be listed. You should also include how the IP has been misused or misappropriated.
Supporting Information
At some point, you most likely went to the bother of registering your intellectual property with the government or at least documenting the IP's existence. This moment is when all that work pays off. You can include reference numbers and dates tied to when your applications were accepted. If you have a patent, for example, you'll want to include the patent number and acceptance date in the notice.
Remedies
Whatever remedies you're proposing should be stated clearly in the letter. For example, an IP owner who just wants an offending party to take down materials from a website should state as much and include the names of the offending websites. If you're demanding something a little more aggressive, such as licensing fees, you should include specific monetary amounts.
Even if you're sure the offending side won't agree to the remedies, it's important to include them. This proves exhaustion to the court, meaning you've shown that you've made a good-faith effort to resolve the matter before you pursued a lawsuit.
