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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22401
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I have been given notice by an IP lawyer my company may have

Customer Question

I have been given notice by an IP lawyer my company may have infringed his clients trademarked company. To be safe i will cease using this name but in the letter that want me to respond and also pay $950 to cover legal costs.
My company is very small and has little to no funds available to fight this or seek further legal advice. This is why I will just change my company name to avoid further costs. What if I don't respond to to other lawyer or pay the requested amount? Will the issue go away since i would have changed my company name since? Or will they then start chasing me for legal costs?
Submitted: 4 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 4 months ago.

If you just change the name to avoid a court case, you have no obligation to pay any court costs. There is no right under the trademark or copyright legislation to require you to pay the legal costs unless there is a court order. In this case it is only ever reached the stage of a cease and desist letter. So if you change the company name, but refuse to pay the costs, it would be difficult for the lawyer to sue for the costs.

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