Cease And Desist Letter Delete Circle For Free

Even if action is demanded or required by the sender, cease and desist letters are not summons and complaints. The sender may threaten to file litigation if a response is not received, but the letter does not mean a lawsuit has been filed. Instead, the letter is a warning of sorts.

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.

A cease-and-desist letter is not legally binding and reflects the opinion of an individual, typically an attorney. A cease-and-desist letter may serve to warn an offender that legal action may take place if they don't stop the activity.

Relax & Reflect: Cease and desist letters, whether formally served or mailed, do not legally require a response. Even if action is demanded or required by the sender, cease and desist letters are not summons and complaints.

Don't panic. Don't communicate, yet. Determine what claims are being made. Gather and preserve your records. Talk to an attorney. Work with your lawyer to prepare a response.

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.

The short answer is no, you do not need to hire an attorney. Anyone (whether the complaint is well-founded or not) can send out a cease and desist letter. However, there are reasons why you may want an attorney who specializes in copyright laws at least review your letter before sending it out.