Trademark Protection, Cease and Desist Letters, and Legal Safeguards for Indoor Playground Owners

Launching and running an indoor playground or play café is exciting, but legal issues like trademarks, copyrights, and cease and desist letters are often overlooked until they cause real problems. In fact, more and more owners are facing intimidating legal claims from competitors—sometimes valid, sometimes baseless.

To help clarify the confusion, I sat down with attorney MJ Morley of MJ Morley Law PC to discuss the most important steps every current and prospective indoor playground owner should take to protect their business legally.

This article is a summary of the top takeaways from my full interview with attorney MJ Morley, where we cover everything from trademark searches to handling frivolous cease and desist letters. If you’d like to dive deeper into the details and hear the full conversation, be sure to watch the full interview here  or listen on the Profitable Play Podcast.

1. Do a Comprehensive Trademark Search Before You Launch

One of the most dangerous myths in entrepreneurship is that registering an LLC or checking if a domain is available is enough to protect your business name. It isn’t.

Why a professional trademark search matters:

• Conflicts aren’t obvious: Another business may already have trademark rights in your state or industry even if they don’t appear on a quick manual USPTO search you do yourself.
  
  
• Social media handles mislead: Just because an Instagram or website domain name is available doesn’t mean the name is safe to use.
  
  
• Rebranding is costly: Redoing signage, websites, uniforms, menus, and party décor after a cease and desist can easily cost thousands of dollars and damage customer trust.
  
  

What a professional search includes:

• USPTO federal trademark records
  
  
• State-level business and trademark databases
  
  
• Corporate entity databases
  
  
• Domain name registrations
  
  
• Social media handles and page names
  
  

Most law firms, including MJ’s, use paid tools to run this comprehensive search and then issue an attorney’s opinion letter on whether your name is clear to use. Many firms also offer this at a flat rate with payment plans, making it an affordable form of legal insurance.

Pro tip: Even if you already opened without doing this step, it’s not too late. Doing the research today could save you from major headaches tomorrow.

2. Cease and Desist Letters: What They Really Mean (and Don’t Mean)

Hearing the words “cease and desist” often sends owners into panic mode. But as MJ explained, these letters are often misunderstood.

What a cease and desist is:

• A formal demand letter, usually from an attorney, asking you to stop an activity they believe infringes on their rights.
  
  
• Essentially “a knock on the door” to open a conversation.
  
  
• Not a lawsuit, not a judgment, and not at all enforceable by itself.
  
  

What it isn’t:

• It’s not proof you’ve done anything wrong.
  
  
• It doesn’t mean you must comply with every demand.
  
  
• It’s not the same as court-ordered litigation.
  
  

What to do if you receive one:

1. Don’t panic – receiving a letter does not equal guilt.
   
   
2. Don’t ignore it – silence can escalate the matter.
   
   
3. Don’t argue on social media or DMs – emotional responses can be used against you later.
   
   
4. Call an attorney immediately – many offer free consults to review the letter and assess merit.
   
   

Real-world example: If another play café right-clicked and downloaded your custom logo and plastered it on their door (like a business did to ME just this year- the audacity), a cease and desist would be valid and would be likely to result in legal action. But if someone claims they “own the concept of two story play structures in play cafés,” or “own the concept of village-style play houses in play cafes” that’s NOT a legally protectable right.

3. How to Distinguish Valid Claims from Empty Threats

MJ stressed the importance of evaluating the substance of the letter:

• Valid claims usually involve:
  
  
• Identical or confusingly similar logos
  
  
• Copying brand names or slogans
  
  
• Reproducing unique marketing material without permission
  
  
• Using a protected and specific color scheme or trade dress (e.g., Tiffany Blue boxes)
  
  
• Invalid claims often include:
  
  
• Generic terms (“Play Café,” “Kids’ Gym”)
  
  
• Entire business models or concepts (“We trademarked the idea of a microschool”)
  
  
• Claims that lack proof of an actual registration or common-law rights
  
  

When faced with baseless threats, an attorney may:

• Push back with a strongly worded response
  
  
• Demand proof of trademark ownership
  
  
• Warn the sender against harassment or defamation
  
  

4. What Can and Cannot Be Trademarked

A core misunderstanding in this industry is what intellectual property rights actually cover.

• Can be trademarked:
  
  
• Business names (e.g., “Happy Nest Play Café”)
  
  
• Logos and brand marks
  
  
• Slogans (e.g., “Where Little Kids Do Big Things”)
  
  
• Brand colors and packaging (with acquired distinctiveness)
  
  
• Unique sounds (e.g., the Netflix “ta-dum”)
  
  
• Cannot be trademarked:
  
  
• Generic industry terms (Play Café, Coffee Shop, Law Firm)
• Types and styles of play houses and structures (i.e. a large slide going into a ballpit)
• Types of offerings used by many similar businesses (i.e. “Kid’s Night Out”)
• Descriptive names without proven distinctiveness
• General business ideas or services
  
  

Takeaway: You can own your unique brand identity, but you cannot lock down an entire business concept.

5. How to Handle Bad-Faith or Frivolous Letters

Sadly, some business owners weaponize legal tools to intimidate competitors.

• Warning signs of a frivolous letter:
  
  
• Vague claims without specific proof
  
  
• References to generic phrases or concepts
  
  
• No evidence of an active trademark registration
  
  
• Possible responses:
  
  
• A lawyer demands documentation and proof of rights
  
  
• Filing a counter-claim for bad faith if harassment continues
  
  
• Pursuing defamation claims if false allegations are made publicly
  
  

Community strategy: Sharing letters in private owner groups can help spot patterns of abuse (e.g., if multiple owners are targeted). While legally permissible, it’s wise to do so carefully and with professional guidance.

6. Steps Every Indoor Playground Owner Should Take Today

Whether you’re still in the planning phase or already running a successful location, here’s a checklist for protecting your business:

• ✅ Before opening: Run a comprehensive trademark search for your chosen name and brand elements.
  
  
• ✅ Within year one: File trademarks for your most valuable assets—name, logo, and key slogans.
  
  
• ✅ If you get a letter: Pause, breathe, consult a lawyer, and respond strategically.
  
  
• ✅ Ongoing: Monitor for copycats and address issues early, ideally with professional help.
  
  
• ✅ Long-term: Build a relationship with a trusted legal partner who understands small businesses.
  
  

You’re Not Alone in This

Navigating trademarks, copyrights, and cease and desist letters doesn’t need to be overwhelming. These issues are increasingly common in the indoor playground industry, but with preparation and the right legal support, they can be handled quickly and confidently.

MJ Morley and her team specialize in flat-rate, transparent legal services designed for small businesses. Her number one piece of advice: Don’t fight in the DMs—get a professional in your corner.

If you’re feeling intimidated, attacked, or confused by legal threats, take a breath, get advice, and remember—you are not alone. Protecting your brand is protecting the future of your business.

Reach out to her team to schedule a free consultation here.