Cease And Desist Letter Correct 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.

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.)

C. 1300, cesen, "stop moving, acting, or speaking; come to an end," from Old French cesser "come to an end, stop, cease; give up, desist," from Latin cessare "cease, go slow, give over, leave off, be idle," frequentative of cedere (past participle cessus) "go away, withdraw, yield" (from PIE root *ked- "to go, yield").

In many situations, a cease-and-desist letter is an appropriate first step when you want to ask someone to stop engaging in an activity that violates your rights. Here are four of the most common uses of a cease and desist letter: Stop harassment from debt collectors. Stop trademark and copyright infringement.

A cease and desist letter contains nothing more than an attorney's opinion that you need to change your actions immediately, but there's no court order requiring you to do so. By itself, a cease and desist letter can't do much, yet it may advise you that if you don't comply, the other party will sue you.

An injunction or order to stop doing something has the force of law, while a ?cease and desist? letter is not legally binding, but it is a formal step that could lead to a lawsuit if the recipient doesn't stop what they are doing.

The two terms in the letter describe what the person receiving such a letter must do. To cease something is to halt, or stop it. To desist is to not do that activity ever again in the future. When someone receives a cease and desist letter, it is a warning to that person that legal action may be forthcoming.

A cease-and-desist letter has no legal standing. It is merely a warning and a request to stop the offending behavior before legal action is taken.

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. You might even think you are out of danger.