Cease And Desist Letter Hide Value Choice For Free

A cease-and-desist letter is not a legally binding document. Anyone can write one from any typewriter or printer. It's basically a formal version of I don't like what you're doing, if you don't stop there might be consequences.. People can send them for all kinds of stupid reasons, or totally valid ones.

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.

What Are the Uses of a Cease and Desist?Character assassination, libel, slander, or defamation.Trademark infringement.Copyright infringement.Patent infringement (Design or Utility)Violation of non-competition agreement.Harassment, including by debt collectors under the Fair Debt Collections Practices Act.More items...

A cease and desist harassment letter is a written document that demands the recipient stop a certain behavior immediately. This behavior is constituted as harassment in some way.The sender should keep a copy of this letter and, if possible, mail the original using certified mail with a return receipt requested.

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.

It helps to be thorough and make sure that this is the best course of action. Cease and desist letters are serious and can lead to major action down the line. In most cases, an email or call for someone to stop what they're doing is enough. It's only after that that a letter is the way to go.

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.