Cease And Desist Letter Hide Calculated Field For Free

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.

A cease and desist letter does not have to come from a lawyer, and it does not need to be notarized.

The first thing for the attorney to determine is whether the cease and desist claim is legitimate. If the other party claims you're infringing upon their tulip logo, and your logo uses a different flower in a different color with a different slogan, chances are you're not infringing the other party's trademark.

Even if action is demanded or required by the sender, cease and desist letters are not summons and complaints. 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.

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.

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.