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What is the intent of a cease and desist and order?
A Cease and Desist Letter is a written request to an individual or organization to stop (cease) an action and refrain (desist) from doing it again in the future. This letter notifies the recipient that they’re infringing on the sender’s rights or engaging in harassing activities.
Why would you send a cease and desist letter?
When you send someone a cease and desist letter, you are asking them to stop engaging in a particular activity that is harmful to you in some way. In addition to identifying the specific activity, the letter should also outline the potential consequences of not complying with your request.
Can you sue without cease and desist?
Can I Sue Without Issuing a Cease and Desist? Yes, you can file a civil suit without writing and sending a cease and desist. However, issuing the notice has benefits. First, it can begin negotiations to settle the matter without a court battle.
Can you ignore a cease and desist letter?
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. You might even think you are out of danger.
How is a cease and desist order delivered?
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.
How serious is a cease and desist letter?
Even if action is demanded or “required” by the sender, 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.
How do you counter a cease and desist order?
Responding to a Cease and Desist Letter
- Having your attorney write a response letter to try bargaining with the other trademark owner for continued use of the name.
- Asking the other party for more information, including seeing their trademark to evaluate whether they have a legitimate claim.
Are cease and desist letters effective?
A cease and desist letter is often the most effective way to force debt collectors to stop their harassing phone calls and surprise visits to your home. Once you send a cease and desist letter, debt collectors may only contact you one more time in order to tell you that they are in fact ceasing communications with you.
How long does a cease and desist order last?
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 offender is generally given a set time frame—usually 10 to 15 days—to respond.
What does a cease and desist order mean?
An official order handed down by a government agency or court directing a person or entity to stop doing something immediately is called a “cease and desist order.” Such an order effectively places an injunction on the person or entity that prohibits the named activity as suspicious or illegal.
Can a cease and desist letter be legally binding?
A cease and desist letter is not legally binding, although a follow-up lawsuit could be. A cease and desist is an order or request to stop suspicious or illegal activities. They come in the form of a legal order issued by a government agency or court or a non-binding letter, typically written by an attorney.
Can a restraining order be used as a cease and desist?
In more egregious cases a cease and desist order may be sought and issued. A restraining order is a special type of cease and desist order used in cases of stalking or intimidation, and rules vary by state.
When to use a cease and desist notice?
Use a cease and desist notice if you want to issue a formal warning to someone to stop doing what they’re doing. This includes using your property, harassing you, or illegally using your trademarks. Usually, but not always, a cease and desist is the first formal step following an informal notification.