What is a Cease and Desist Letter?
A Cease & Desist Letter, also known as an “infringement” letter or a “demand letter” is often the formal first step to asking an individual, or a business, to stop an illegal activity.
The purpose of the letter is to threaten further legal action if the behaviour does not stop.
Cease and Desist Letters are sent through the mail, however it is also common now for initial Cease and Desist letters to be sent via Email.
Circumstances in which you may consider sending a Cease and Desist Letter include:
- Defamation, Slander, and Libel
- Trademark Infringement
- Copyright Infringement
- Patent Infringement
- Debt Collection (to collection agency or creditor where there is a dispute)
- Breach of Contract
Who can write a Cease and Desist Letter?
Although a Cease and Desist Letter is often drafted by a Lawyer on behalf of their client, anyone can write a Cease and Desist Letter.
Your lawyer, however, will have a clear understanding of your legal issues or rights that are being infringed and will be able represent your issue and interests more effectively in the cease and desist letter.
A Cease and Desist Letter is not a legally binding document. The claims of infringement of rights contained in a cease and desist letter are allegations only. It also doesn’t mean you are being sued or will be sued in the future.
What if you receive a Cease and Desist Letter?
If you receive a Cease and Desist Letter:
- Don’t panic BUT don’t ignore it eithe Ignoring it could lead to costly litigation that might otherwise have been prevented through communication.
- You may comply with it particularly if the requested action is minor and will not disrupt your busine
- You may prepare a response denying the claim with or without explanation or open communications to negotiate a settlemen
- You may try to negotiate
Internet Law will help you find the right lawyer to lawyer will help you to:
- Understand the contents of the Cease and Desist Letter
- Assess the merit of the claims contained in the cease and desist letter
- Determine a strategy about whether to respond
- Respond appropriately and effectively
- Draft your response to deny, comply or negotiate
- Advise you of the best action to take to protect your individual rights or business inte
Contact us with your enquiry today!