Consumers are to use this letter when they are receiving multiple and harassing phone calls from a collection company or creditor.
Consumers are to use this letter when they are receiving multiple and harassing phone calls from a collection company or creditor.
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If someone is infringing your trademark or copyright, use a cease and desist letter to make a formal request for them to cease the infringing activities. This shows that you mean business and are prepared to pursue legal action if necessary.
How to Write a Cease and Desist LetterInclude your name and address.Include the recipient's name and address.Demand the recipient to stop the harassment.Send it via certified mail, return receipt requested.
Judges enter cease and desist orders and, unlike letters, they have legal force. These are usually called temporary injunctions, preliminary injunctions, or temporary restraining orders. An injunction or Texas restraining order means that the recipient must stop the restricted behavior until a trial is held.
How to Serve a Cease-and-Desist Letter. No specified method of delivery is required for a cease-and-desist letter. Because it is not a legal document, you can write and send the letter yourself without the help of a legal professional, or you can hire an attorney to write and serve the letter for you.
Failing to comply with a cease and desist order means that the violator could pay civil fines or damages. In some cases, particularly those involving harassment, continuing harassing activities could result in jail time.
If you ignore it, the attorney who sent the letter will eventually file a lawsuit in federal court against you for trademark infringement and/or copyright infringement. This action may not happen right away.
The most common situations where a cease and desist letter before action is required are: IP breaches such as breach of copyright, passing off, unlawful use of trademarks or designs or inventions.
It may be an order or injunction issued by a court or government agency or a letter from an attorney. A cease and desist order or injunction has legal power. A cease and desist letter is not legally binding, although it is a formal step that may be followed by a lawsuit if the recipient ignores it.
Cease and desist letters are serious and can lead to major action down the line. In most cases, an email or call for someone to stop what they're doing is enough. It's only after that that a letter is the way to go.