Cease-and-Desist? Now What?
Our last blog discussed what to do if someone infringes on your trademark. There we explained that utilizing a cease-and-desist letter may be an effective method to resolve the issue.
But what if you are the one receiving the letter?
What is a Cease-and-Desist Letter? "Cease and desist" letters (also known as demand letters) are legal tools used by the drafter to intimidate the recipient into adjusting the recipient’s behavior or practice. Thus, trademark cease and desist letters demand the recipient to stop using the drafter’s trademark. This type of letter usually threatens legal action (litigation) against the recipient if the drafter doesn’t get what he wants.
What are Other Uses of a Cease-and-Desist Letter?
Slander and Libel: If someone spreads lies or rumors in a way that defames another, whether it is verbally or in written form. A cease-and-desist letter is used to demand them to retract their statement. Harassment: If harassment is occurring, a cease-and-desist letter may be used to stop the harassment. Talk to an attorney before sending this type of letter, otherwise, you may escalate the harassment.
Debt Collection Services: If debt collectors continually harass you, a cease-and-desist letter is an effective tool to stop the harassment by utilizing the Federal Fair Debt Collections Practices Act.
What should I do if I Receive a Cease-and-Desist Letter?
The first step you should take is to contact an attorney and provide your attorney with a copy of the letter. Do not respond to the letter without counsel. Most cease-and-desist letters are used only for intimidation, and most will not follow through with their threats. However, you must seek an attorney to understand your legal rights. If you have received a cease-and-desist letter and are in Nevada, you can set up a consultation here to discuss what steps you should take.
Please note: The contents found on this website are not legal advice and is strictly intended for educational purposes only. The legal needs of each individual vary significantly and are dependent on a variety of factors relevant to their specific needs. Please seek the assistance of an attorney for your legal advice.
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