Cease And Desist Letter Replace Checkbox 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.

A cease and desist letter does not have to come from a lawyer, and it does not need to be notarized.

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.

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.

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.

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.