Tag: cease and desist letter

  • How Not to Write a Cease & Desist Letter

    A cease and desist
    letter is a letter that a rights owner or her attorney sends to someone who is
    allegedly infringing the rights owner’s copyright, trademark, or other
    intellectual property asset. In the letter, the rights owner explains how your actions
    are violating her rights and demands that you stop such activities.

    Cease and desist letters
    usually carry the threat of additional le­gal action, usually a lawsuit, if the
    activity does not stop. Sometimes, the rights owner means busi­ness and has the
    intention and the resources to follow through with a lawsuit if you fail to
    comply. However, other cease and desist letters are the equivalent of the
    rights owner huffing and puffing with no real power to blow your house down.
    The rights owner may have a weak or no valid legal argument against your
    activities and hopes that the cease and desist letter will scare you into
    compliance. In effect, the rights owner
    is just bluffing. Sometimes the
    recipient calls the bluff. A cease and
    desist letter too strongly worded can backfire as bad publicity for the sender.

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