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Cease and desist letters can be sent through email, mail, and through an attorney. However you choose to send the letter, make sure that you have a receipt that shows it was delivered to the recipient.
If someone is infringing your trademark or copyright, use a cease and desist letter to make a formal request for them to cease the infringing activities. This shows that you mean business and are prepared to pursue legal action if necessary.
How to Serve a Cease-and-Desist Letter. No specified method of delivery is required for a cease-and-desist letter. 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.
Cease and desist letters are serious and can lead to major action down the line. In most cases, an email or call for someone to stop what they're doing is enough. It's only after that that a letter is the way to go.
Cease-and-desist orders are used in many areas of the law. Usually, an administrative judge has the discretion to issue this type of order. There are two different kinds of cease-and-desist orders: Summary cease and desist: This is an order issued before a hearing or without any type of judicial proceedings.
How to Write a Cease and Desist LetterInclude your name and address.Include the recipient's name and address.Demand the recipient to stop the harassment.Send it via certified mail, return receipt requested.
The consequences for stalking are serious. Stalking starts off as a Class A Misdemeanor for a first time offender. A second conviction results in a Class F Felony. And an offense committed while a protective order is in place may constitute a Class H felony.
A formal cease and desist letter is usually written by an experienced attorney who fully understands the laws in North Carolina. The letter includes what statutes you will use when you contact law enforcement or choose to take the offender to court for damages or a restraining order.
The most common situations where a cease and desist letter before action is required are: IP breaches such as breach of copyright, passing off, unlawful use of trademarks or designs or inventions.
Stop harassment. You can also send a Cease and Desist Letter to stop someone from harassing or stalking you. It can help protect your privacy as well. A Cease and Desist Letter effectively operates as a warning to the harasser that legal action is imminent unless the offending behavior immediately stops.