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Are cease and desist letters legally binding?
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 are the consequences of a cease and desist?
Cease-and-desist letters are often ignored, but that doesn’t mean legal consequences won’t follow. While these letters have no real legal effect, failing to respond or follow up on a cease-and-desist letter may lead to some predictable responses from the sender.
How do you respond to a false cease and desist letter?
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.
Do cease and desist letters mean anything?
Cease and desist letters are pretty self-explanatory. They are letters that demand the recipient stop taking actions that interfere with the letter writer’s rights. A cease and desist letter is not a legal document. But it is a notice that a claimant feels something is wrong with what the recipient is doing.
Do you have to respond to a cease and desist letter?
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.
What happens when someone fails to comply with a cease and desist?
People tend to avoid litigation at all costs and typically comply when they receive a cease and desist letter. However, sometimes they fail to comply. When someone fails to comply with a cease and desist letter, there are a few options still available to have your request enforced.
How to get a cease and desist order from the court?
If the individual or business fails to comply or respond, you may send a secondary letter or obtain a cease and desist order from the court. Obtaining a cease and desist order from the court is initiated by filing a lawsuit and requesting the court to order the individual or business to stop the unwanted conduct.
Can a cease and desist letter be used for trademark infringement?
A cease and desist letter can also claim unfair competition, defamation or breach of contract. The claims can overlap. For instance, trademark infringement can give rise to unfair competition claims. Or patent infringement can also involve breach of a patent license.