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Judgment & ambiguity · Decisions under uncertainty

You're advising on whether to send a cease-and-desist over an apparent trademark infringement, but you can't yet confirm priority of use or whether the other side has a defensible fair-use argument. Do you send it now, investigate first, or hold?

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I don't fire off the letter until I've confirmed the two things that can turn it against us — our priority of use and their likely defenses — because a weak cease-and-desist can tr

The full answer: structure, worked example, likely follow-up.

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