Cease And Desist Letter Sign with Stamp For Free

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 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.)

Cease and desist letters often require a signature upon delivery. The letter is typically sent with a return receipt requested, although this is not required.

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 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.

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.

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.

Such letters are usually written by attorneys and are often sent to stop alleged or actual infringement of intellectual property rights, such as copyrights, trademarks, and patents. A cease-and-desist letter may also be used to warn the wrongdoer against harassment, slander, libel, as well as contractual violations.

If it is for a potential infringement matter,you would hire an intellectual property attorney; if for a tort matter (like harassment) you would hire a tort attorney.

While a cease and desist letter doesn't have a legal effect in and of itself, it's often a good way to begin the process of stopping someone from engaging in an activity that is harming you in some way. Such documents are easy to write and, unless you hire an attorney to write them, usually quite cost-effective.