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A cease and desist letter is a cautionary letter sent to an alleged wrongdoer describing the alleged misconduct and demanding that the alleged misconduct be stopped. A cease and desist letter provides notice that legal action may and will be taken if the conduct in question continues.

Cease and Desist Letters can be created and sent yourself, or by an attorney on your behalf, and they can be used for a wide variety of issues, including harassment, defamation (including slander or libel), or the unauthorized use of intellectual property.

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.

How to Respond to a Cease and Desist Step 1 ? Read the Cease and Desist Thoroughly. ... Step 2 ? Request Legal Assistance. ... Step 3 ? Contact the Sender. ... Step 4 ? Decide the Next Move. ... Step 5 ? Negotiate and Obtain a Hold-Harmless Agreement.

The most common consequence for not following a cease and desist letter is a lawsuit that can result in a judgment against you. Some less severe consequences include garnishment of wages and defamation suits which could result in reputation loss for individuals or companies respectively.

What Should I Do If I Receive a Cease-and-Desist Letter? If you are served with a cease-and-desist letter, contact a business law attorney immediately.

How much does a Cease and Desist Letter cost? The cost for a licensed solicitor to help with a Cease and Desist Letter is dependent on many factors including the complexity and specific requirements of the case. On average it is expected to range from £150-£200 but in some cases it could cost as much as £250.

You can serve it via mail, email, an attorney and, in some cases, in person. However you choose to serve the letter, keep a record of delivery and receipt by the offending party. If you are sending the cease-and-desist letter yourself, send it via certified mail so that you have a record of delivery.

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. You might even think you are out of danger.

Is a Cease and Desist Letter enforceable? A Cease and Desist Letter only acts as a request for an undesired action to stop, which may include warning of the steps the sender will take if the undesired action continues. No one is taking legal action at the time that the letter is sent.