Cease And Desist Letter Export For Free

Such letters are usually written by attorneys and are often sent to stop alleged or actual infringement of intellectual property rights, such as copyrights, trademarks, and patents. A cease-and-desist letter may also be used to warn the wrongdoer against harassment, slander, libel, as well as contractual violations.

Yes, U.S.-based and licensed trademark attorneys can send cease and desist (?C&D?) letters internationally. Care must be taken, however. The owner of the trademark asking for a C&D letter to be sent must be able to verify ownership of the trademark.

A cease and desist order is not enforceable. However, this does not mean a cease-and-desist letter should be ignored. Cease-and-desist letters can be used as evidence against you if the dispute becomes a lawsuit. The letter demonstrates to the courts that the sender advised you that your actions were unacceptable.

Fundamentally, there are two ways to respond to a cease and desist letter. You can either (i) agree to comply with the sender's demand, or (ii) dispute the allegations against you or your company.

Unlike a Cease and Desist Letter, a cease and desist order comes from a judge and it does carry legal authority. It has the power of the court behind it and can be acted upon by the authorities. Failing to comply with a cease and desist order means that the violator could pay civil fines or damages.

A cease and desist letter has no legal standing. It is merely a warning and a request to stop the offending behavior before legal action is taken. If the party continues the offending activity, the letter may help you get a cease and desist order, which is granted by the court.

Issuing a cease and desist notice under the wrong circumstances can cause legal trouble for the sender. If there are threats involved in the letter, it can amount to extortion, blackmail, or other crimes. If the violation turns out to be false, the party receiving the letter can sue.

An employer sends a cease and desist letter if it thinks the former employee is working for a competitor, or stealing customers, or may inevitably disclose confidential information to their new employer.

You may be wondering, is a cease and desist letter enforceable? The letter is not a court order and on its own is not legally enforceable. Therefore, there are no immediate repercussions to non-compliance.

Failing to comply with a cease and desist order means that the violator could pay civil fines or damages. In some cases, particularly those involving harassment, continuing harassing activities could result in jail time.