Cease And Desist Letter Send via Email For Free

However, a cease and desist letter can also be used as a scare tactic to trick you into thinking there will be legal recourse for not complying with its demands. Because of this, it's important to have an attorney on your side.

A cease and desist letter has no legal standing. It is merely a warning and a request to stop the offending behavior before legal action is taken. If the party continues the offending activity, the letter may help you get a cease and desist order, which is granted by the court.

A cease and desist letter is useful because it might stop its recipients from continuing their harmful action. If they don't, you have written documentation that you have notified them of the possible consequences of ignoring your request.

1 Answer. Cease and desist letters (and texts, emails, etc) are not legally binding. They are written threats that advise someone to stop some allegedly illegal activity (like sending texts, using a trademark, etc,) that is unwanted from a personal or business standpoint and in fact may or may not be illegal activity.

One primary concern is that by sending a cease and desist letter, you may trigger a declaratory judgment action by the accused infringer. In a declaratory judgment lawsuit, the accused infringer requests the court for a formal decree that it is not infringing on the rights of the trademark owner.

The elements of a cease and desist letter are rather simple: Include your name and address. Include the recipient's name and address. Demand the recipient to stop the harassment. Send it via certified mail, return receipt requested.

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 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 first question is whether what you're doing is legal or illegal. A cease and desist letter generally is only used when conduct is illegal. If it's legal, you're permitted to continue to do it, so they can't tell you or they have no legal basis to tell you to stop doing something.

Yes. You don't need a lawyer to prepare a cease and desist letter, although a lawyer will know how to write a letter that properly scares the recipient without going over an ethical line. Remember, a cease and desist letter is not legally binding like a cease and desist order from a court or government agency.