Cease And Desist Letter Replace Brand Logo For Free

Dear [Infringer's Name]: We have recently discovered that your business is using the mark [mark/domain] for your service or product. We believe your use infringes on our ownership of the [registered trademark/domain] mark. We learned of your use of the same or similar [mark/domain] mark on [date].

If you or your business are being targeted by harmful online or offline content, a cease and desist letter may be your best choice for quickly bringing those defamatory statements (both libel and slander) to an end without having to wait for a lengthy legal process.

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.

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.

The party who sent the cease-and-desist letter may just keep sending them to you until you give some type of response. Each subsequent letter might be more aggressive in tone, but you are under no legal obligation to comply, although you could face a lawsuit in the future.

What is a cease and desist letter/email? A cease and desist (or demand) letter/email is correspondence that states or suggests that you are potentially infringing the trademark of another and demands that you stop using, or consider stopping use of, the accused mark.

Therefore, there are no immediate repercussions to non-compliance. However, if ignored, the recipient risks that the situation will escalate, and the sender will start a legal proceeding against them to obtain a cease and desist order from the court called an injunction.

Can anyone send a Cease and Desist Letter? Yes, anyone can send a Cease and Desist Letter. You do not need to hire an attorney to write one for you. An attorney, however, can help you determine whether your rights have been violated and if you have enough grounds to pursue legal action.

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.

Cease-and-desist order Whether temporary or permanent, a cease and desist order is legally binding. Such an order is issued by a government agency or court when it has been convinced that there is reason to believe an illegal or harmful activity is taking place requiring the offender to stop the activity.