Cease And Desist Letter Insert Checkmark For Free

Every cease and desist letter requires the same basic contents, such as: Your name and address. The recipient's name and address. A demand that the recipient stop the unlawful behavior. Sending the letter via certified mail, return receipt requested.

It may look official, embossed with the logo of a major corporation's law firm, but stop and desist letters aren't legal documents. Cease and desist letters put the receiving party on notice of a potential dispute, typically an intellectual property dispute. Anyone can send a letter.

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.

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.

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.

If you're not sure how to send a cease and desist letter, it is actually quite simple. Once written, you can send a C&D via email, mail, or even in person. Sending it by certified mail is a good option because it requires a signature from the recipient, so you'll know when they receive it.

One reason you should always consult with legal counsel before drafting and sending a cease-and-desist letter is that your efforts could backfire. How? You may expose yourself to claims like defamation or tortious interference with a business relationship based on the contents of your letter (see, e.g., Morales v.

Key Takeaways. A cease and desist order is issued by a court or government agency and has legal power. A cease and desist letter may be sent by an individual or a company. It is a request but it may be followed by legal action if ignored.

You can serve it via mail, email, an attorney and, in some cases, in person. However you choose to serve the letter, keep a record of delivery and receipt by the offending party. If you are sending the cease-and-desist letter yourself, send it via certified mail so that you have a record of delivery.

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.