Cease And Desist Letter Hide Text Fields For Free

1 Answer. Cease and desist letters (and texts, emails, etc) are not legally binding.Unwanted texts could be illegal under the same type of statute as unwanted phone calls and emails. But any action that can be taken will depend on local and state laws on unwanted communications and different harassment statutes.

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.

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.

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.

A cease and desist is a written notice demanding that the recipient immediately stop an illegal or allegedly illegal activity. It may be an order or injunction issued by a court or government agency or a letter from an attorney. A cease and desist order or injunction has legal power.

Because it is not a legal document, you can write and send the letter yourself without the help of a legal professional, or you can hire an attorney to write and serve the letter for you.If you are sending the cease-and-desist letter yourself, send it via certified mail so that you have a record of delivery.

A cease and desist harassment letter is a written document that demands the recipient stop a certain behavior immediately. This behavior is constituted as harassment in some way.