Cease And Desist Letter Add Tick For Free

Cease and Desist Letters do not have any legal force beyond the threat of future legal action by the sender. Legal disputes can often be resolved, however, just by telling the recipient that you will assert your legal rights if they do not stop.

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.

Fundamentally, there are two ways to respond to a cease and desist letter. You can either (i) agree to comply with the sender's demand, or (ii) dispute the allegations against you or your company.

The most common consequence for not following a cease and desist letter is a lawsuit that can result in a judgment against you. Some less severe consequences include garnishment of wages and defamation suits which could result in reputation loss for individuals or companies respectively.

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 is a written notice in which the sender requires the recipient to stop an illegal or allegedly illegal activity. The letter can come from an individual, an attorney, or it can be an order or injunction issued by a court or government agency (in which case it's considered to have legal power.)

You may be wondering, is a cease and desist letter enforceable? The letter is not a court order and on its own is not legally enforceable. Therefore, there are no immediate repercussions to non-compliance.

The cost of a cease and desist letter depends on many factors, but a single cease and desist letter can easily cost anywhere from $750 to $5,000. The services of a lawyer can indeed be very pricey.

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.If you are sending the cease-and-desist letter yourself, send it via certified mail so that you have a record of delivery.

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.