Can I personally send a cease and desist letter?

No specified method of delivery is required for a cease-and-desist letter. Because it is not a legal document, you can write and send the letter yourself without the help of a legal professional, or you can hire an attorney to write and serve the letter for you.

What happens when 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.

What justifies a cease and desist?

If someone is infringing your trademark or copyright, use a cease and desist letter to make a formal request for them to cease the infringing activities. This shows that you mean business and are prepared to pursue legal action if necessary.

How serious is a cease and desist?

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.

What happens if a cease and desist letter is ignored?

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.

Who can issue a cease and desist request?

Cease and desist can take one of two forms: an order (court order) issued by an administrative agency of the government or the courts to stop suspicious or illegal activities, or a letter, usually written by an attorney, often a formal first step to request prevention to prevent unlawful activity.

What is a cease and desist harassment letter?

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.

Can I send a cease and desist letter on behalf of someone else?

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.

How do you respond to a cease and desist notice?

Responding to a Cease and Desist Letter

  1. Having your attorney write a response letter to try bargaining with the other trademark owner for continued use of the name.
  2. Asking the other party for more information, including seeing their trademark to evaluate whether they have a legitimate claim.