Cease And Desist Letter Replace Circle For Free

Yes, you should respond to a cease-and-desist letter but do not respond rashly or without the benefit of legal advice. Even if the allegations are unfounded, you should review the letter with a business litigation attorney to make an informed decision.

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.

Most often, the best course is to have your lawyer prepare a written response to the cease and desist letter, and engage in a discussion with your former employer about finding a resolution that works for everyone.

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.

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.

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.

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.

What Should I Do If I Receive a Cease-and-Desist Letter? If you are served with a cease-and-desist letter, contact a business law attorney immediately. Your attorney will review the letter and any related contracts or verbal agreements and advise you on the best next steps.

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.)