Cease And Desist Letter Add Cross For Free

You need to be aware of certain risks when sending the cease and desist letter. For example, if you threaten the infringer with a lawsuit, they could file a declaratory judgment (i.e., DJ) action against you. The DJ action asks the court to resolve the dispute between you and the infringer.

The party who sent the cease-and-desist letter may just keep sending them to you until you give some type of response. Each subsequent letter might be more aggressive in tone, but you are under no legal obligation to comply, although you could face a lawsuit in the future.

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.

A cease and desist letter for defamation informs the recipient that you will take further legal action against them if they do not stop their defamatory statements about you. The letter should clearly identify the defamatory statements and specify the ways in which they are harming your or your business's reputation.

Therefore, there are no immediate repercussions to non-compliance. However, if ignored, the recipient risks that the situation will escalate, and the sender will start a legal proceeding against them to obtain a cease and desist order from the court called an injunction.

If you or your business are being targeted by harmful online or offline content, a cease and desist letter may be your best choice for quickly bringing those defamatory statements (both libel and slander) to an end without having to wait for a lengthy legal process.

One reason you should always consult with legal counsel before drafting and sending a cease-and-desist letter is that your efforts could backfire. How? You may expose yourself to claims like defamation or tortious interference with a business relationship based on the contents of your letter (see, e.g., Morales v.

Reasons Why You May Want to Send a Cease-and-Desist Letter The letter should include specific dates that the harassment occurred, a detailed description of the harassing behavior, and the date at which you will take further legal action if the behavior doesn't stop.

A cease and desist letter regarding intellectual property rights is often sent as a warning.The letter warns the recipient of potential legal action if they don't comply. These letters are commonly used for trademark disputes, where the sender claims legal rights to a trademarked word, phrase or design.

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.