Cease And Desist Letter Extract Data For Free

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.

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.

The first thing for the attorney to determine is whether the cease and desist claim is legitimate. If the other party claims you're infringing upon their tulip logo, and your logo uses a different flower in a different color with a different slogan, chances are you're not infringing the other party's trademark.

Debt Collection: If someone is being subjected to endless calls or emails from a debt collection service, a cease and desist letter can act as an effective straightforward way to get them to stop.A cease and desist slander letter can make the recipient take back what they've said or published, or face legal action.

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.

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.