Cease And Desist Letter Delete Tick For Free

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.

Is A Cease-and-Desist Letter Enforceable? A cease and desist order is not enforceable. However, this does not mean a cease-and-desist letter should be ignored. Cease-and-desist letters can be used as evidence against you if the dispute becomes a lawsuit.

The sender may threaten to file litigation if a response is not received, but the letter does not mean a lawsuit has been filed. Instead, the letter is a warning of sorts.

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.)

Responding to a cease and desist letter 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.

How to Respond to a Cease and Desist Step 1 ? Read the Cease and Desist Thoroughly. ... Step 2 ? Request Legal Assistance. ... Step 3 ? Contact the Sender. ... Step 4 ? Decide the Next Move. ... Step 5 ? Negotiate and Obtain a Hold-Harmless Agreement.

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. If the party continues the offending activity, the letter may help you get a cease and desist order, which is granted by the court.

You'll end up in a lawsuit. If you ignore a cease-and-desist letter, the next thing waiting for you could be a summons and complaint, alerting you that you've been officially served with a lawsuit.

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.

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.