What is the first thing you should do if you receive a cease and desist letter?
When you receive a cease and desist letter, your first step is to show it to an attorney. Depending on whether the letter is about trademark infringement, harassment, or defamation, you’ll need either an intellectual property attorney, a criminal attorney, or a personal injury attorney.
Should I be worried about a cease and desist letter?
Relax & Reflect: Cease and desist letters, whether formally served or mailed, do not legally require a response. Even if action is demanded or “required” by the sender, cease and desist letters are not summons and complaints. These letters are meant to sound threatening and coerce your compliance.
How do you respond to a copyright cease and desist letter?
How to Respond to a Cease and Desist
- Step 1 – Read the Cease and Desist Thoroughly.
- Step 2 – Request Legal Assistance.
- Step 3 – Contact the Sender.
- Step 4 – Decide the Next Move.
- Step 5 – Negotiate and Obtain a Hold-Harmless Agreement.
What happens if you don’t answer 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.
What happens after you send a cease and desist letter?
A cease and desist letter regarding intellectual property rights is often sent as a warning. The letter informs the recipient that they have allegedly infringed the sender’s intellectual property rights, and asks them to stop their actions immediately.
How effective is a cease and desist letter?
While a cease and desist letter doesn’t have a legal effect in and of itself, it’s often a good way to begin the process of stopping someone from engaging in an activity that is harming you in some way. Such documents are easy to write and, unless you hire an attorney to write them, usually quite cost-effective.
What are the consequences of a cease and desist?
The party who sent the cease-and-desist letter may just keep sending them to you until you give some type of response. Each subsequent letter might be more aggressive in tone, but you are under no legal obligation to comply, although you could face a lawsuit in the future.
How do you get past a cease and desist?
The following is a guide for what to do (or not to do) if you receive a cease and desist letter about an intellectual property dispute.
- Don’t panic.
- Don’t communicate, yet.
- Determine what claims are being made.
- Gather and preserve your records.
- Talk to an attorney.
- Work with your lawyer to prepare a response.
What happens if you violate a cease and desist letter?
A cease and desist order communicates to a person or company to stop engaging in illegal activities and if they do not comply by the order they will face penalties such as fines or jail time.
Can you go to jail for a cease and desist?
Is a cease and desist letter serious?
What happens if a cease and desist letter is ignored?
What happens if you ignore a cease and desist order?
What does a cease and desist letter mean?
The Cease and Desist acts as a formal request that the recipient stop (“cease”) and not continue (“desist”) this behavior.
How often do cease and desist letters go to court?
In 2014, one German law firm handled over 35 thousand cease and desist letters alone. But it’s not something you should freak out about just yet. The University of San Francisco Law Review says that less than 3 percent of legal battles actually wind up in a courtroom.
Can a lawyer represent someone in a cease and desist?
Any lawyer that represents someone involved in a cease and desist dispute does a mental facepalm when they find out their client has been discussing this situation on Twitter or any other social media site. This is true even if you are in the right.