![]() It is merely a warning and a request to stop the offending behavior before legal action is taken. Many people use the terms cease-and-desist letter and cease and desist order interchangeably, but one significant difference should not be overlooked.Ī cease and desist letter has no legal standing. It can also be helpful to follow up via phone or email to confirm that the letter was received and ask how and when they plan to remedy the situation. With intellectual-property infringement, such as a trademark or copyright violation, sending an email to the person or company suffices and may get an immediate response. You can also require a signature confirmation. If you are sending the cease-and-desist letter yourself, send it via certified mail so that you have a record of delivery. However you choose to serve the letter, keep a record of delivery and receipt by the offending party. You can serve it via mail, email, an attorney and, in some cases, in person. How you deliver the letter depends on the situation being addressed. 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. No specified method of delivery is required for a cease and desist letter. You can find online cease-and-desist forms ready for you to fill in the blanks. Warning that legal action will follow if the activity does not stop.Specifics about the activity you wish them to stop.Name and contact information of the person or business being asked to stop the behavior.If you are writing the letter yourself, you should include the following information: Stop trademark and copyright infringementīecause the purpose of each cease and desist letter is different, you'll need to add different elements.Here are four of the most common uses of a cease and desist letter: In many situations, a cease-and-desist letter is an appropriate first step when you want to ask someone to stop engaging in an activity that violates your rights. Types and elements of cease and desist letters If you or your business has experienced this sort of activity, sending a cease and desist letter can help you communicate with the offending party before you bring legal action. ![]() Dealing with debt collectors, harassment, or theft of your work can be stressful. ![]()
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