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Because the consequence is often a lawsuit, a cease and desist letter can be an effective tool to stop someone from doing something that is damaging to you or your business, without having to incur the cost of litigation.
A cease and desist harassment letter is a written document that demands the recipient stop a certain behavior immediately. This behavior is constituted as harassment in some way.
Cease and desist letters are pretty self-explanatory. They are letters that demand the recipient stop taking actions that interfere with the letter writer's rights. A cease and desist letter is not a legal document. But it is a notice that a claimant feels something is wrong with what the recipient is doing.
Failing to comply with a cease and desist order means that the violator could pay civil fines or damages. In some cases, particularly those involving harassment, continuing harassing activities could result in jail time.
If you ignore it, the attorney who sent the letter will eventually file a lawsuit in federal court against you for trademark infringement and/or copyright infringement. This action may not happen right away.
How to Send Step 1 Perform a Search of the Copyright. The owner of the copyright must first prove they have the right to the copyrighted material.Step 2 Gather Evidence of Unauthorized Use.Step 3 Write the Cease and Desist.Step 4 Sending the Letter via Certified Mail.Step 5 Preparing for Court.
If you ignore it, the attorney who sent the letter will eventually file a lawsuit in federal court against you for trademark infringement and/or copyright infringement. This action may not happen right away.
Even though a cease-and-desist letter is a non-binding letter and does not have a legal effect, it is primarily sent to the wrongdoer so that it may later be used as evidence in litigation against the wrongdoer if the alleged misconduct is not stopped.
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.
Even if the sender demands or requires action, cease and desist letters are not summons and complaints. The sender may threaten to file litigation if a response is not received, but the letter does not mean a lawsuit has been filed. Instead, the letter is a warning of sorts.