A cease and desist letter is an order or request to halt an activity, or else face legal action. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Letter Demanding that Former Independent Contractor, who was Terminated for Breaching Contract, Cease and Desist from making Slanderous Comments to Customers and Potential Customers
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Multi-State
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US-02443BG
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How to fill out Letter Demanding That Former Independent Contractor, Who Was Terminated For Breaching Contract, Cease And Desist From Making Slanderous Comments To Customers And Potential Customers?
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FAQ
The purpose of a letter from an attorney is to threaten legal action is the behavior or activity is not stopped - and therefore you would eventually pursue a cease and desist order and financial damages accordingly. Solo Practitioner: Most solo attorneys will charge $750 - $1,200 to draft and send your demand letter.
The sender and receiver's name and contact information. The date the letter was written. A clear, concise description of the infringing or harassing behavior or action.
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.
A cease and desist letter is not legally binding and reflects the opinion of an individual, typically an attorney. A cease and desist letter may serve to warn an offender that legal action may take place if they don't stop the activity.
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. You might even think you are out of danger.
Having your attorney write a response letter to try bargaining with the other trademark owner for continued use of the name. Asking the other party for more information, including seeing their trademark to evaluate whether they have a legitimate claim.
Relax & Reflect: Cease and desist letters, whether formally served or mailed, do not legally require a response. Even if action is demanded or required by the sender, cease and desist letters are not summons and complaints.
Cease and desist letters (and texts, emails, etc) are not legally binding.Unwanted texts could be illegal under the same type of statute as unwanted phone calls and emails. But any action that can be taken will depend on local and state laws on unwanted communications and different harassment statutes.
Once you have ascertained that the communication you have received is or is likely a cease and desist letter, it is important to decide on a course of action. While there is typically no legal penalty for ignoring a cease and desist demand, doing so is generally ill-advised.
