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Anyone can send a cease and desist letter. An attorney does not have to be involved. However, an attorney can advise complainants on whether their rights have been violated and if they have legal and meritorious rights to send a cease and desist letter.
Every cease and desist letter requires the same basic contents, such as: Your name and address. The recipient's name and address. A demand that the recipient stop the unlawful behavior. Sending the letter via certified mail, return receipt requested.
How to write a cease and desist letter The date of the letter. Your name and contact information. Description of your brand and trademark. A statement of what the offending party is doing wrong and that you worked hard to create your brand, which you must protect. What the offending party needs to do now.
This type of domain infringement is similar to cybersquatting but occurs when the domain name holder registers a famous trademark. Competing use. Courts have prohibited such behavior from occurring. But competing claims is a complex field that still gets tangled up in many legal disputes.
Our professional flat fee for a cease and desist letter is $750.
If you believe your trademark is being infringed upon on a specific tech platform, you may be able to report it directly to the company itself. They won't litigate the matter, but they may help delete any infringing material from their site.
The elements of a cease and desist letter are rather simple: Include 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.
Cease and desist letters can take many forms (here is one example), but there are six essential components. Proper address of infringing party. ... Proof of your trademark rights. ... Details of the infringement. ... Reasonable time frame for infringing party to respond. ... Demand for written assurance of compliance.