Cease And Desist Letter Insert Data For Free

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.

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.

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.)

Reasons Why You May Want to Send a Cease-and-Desist Letter The letter should include specific dates that the harassment occurred, a detailed description of the harassing behavior, and the date at which you will take further legal action if the behavior doesn't stop.

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.

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.

The most common consequence for not following a cease and desist letter is a lawsuit that can result in a judgment against you. Some less severe consequences include garnishment of wages and defamation suits which could result in reputation loss for individuals or companies respectively.

Because it is not a legal document, you can write and send the letter yourself without the help of a legal professional, or you can hire an attorney to write and serve the letter for you.If you are sending the cease-and-desist letter yourself, send it via certified mail so that you have a record of delivery.

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...

The short answer is no, you do not need to hire an attorney. Anyone (whether the complaint is well-founded or not) can send out a cease and desist letter. However, there are reasons why you may want an attorney who specializes in copyright laws at least review your letter before sending it out.