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By Belle Wong, J.D. 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.
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.
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.
S.C. (B) "Harassment in the second degree" means a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that serves no legitimate purpose and causes the person and would cause a reasonable person in his position to suffer mental or emotional distress.
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.
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.
Hourly Rates for Cease-and-Desist Letters ContractsCounsel's marketplace data shows the average hourly rate for a cease-and-desist letter lawyer ranges from $200 - $350 per hour.
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. The attorney also knows the correct language to use.
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.