What is a cease and desist letter?
A cease and desist letter is typically the first step in resolving a legal dispute. The letter is sent to a business or individual demanding that they stop an illegal activity that is infringing on the sender’s rights.
Sending a cease and desist letter provides evidence that the party had notice of the illegal behavior but continued to engage in it. In some cases, such as with trademark infringement, this may allow the sender to collect additional money damages if the case is brought to court.
A cease and desist letter regarding trademark rights are often sent as a warning. The letter informs you that your business or brand may have allegedly infringed on the sender’s trademark rights and asks you to stop your actions immediately.
The letter warns the recipient of potential legal action if the alleged illegal behavior is not stopped.
If the sender of the letter is able to prove infringement, if they sue, the following may happen:
- a court order is issued, (injunction) that you stop using the accused mark;
- an order requiring the destruction or forfeiture of infringing items;
- monetary relief, including defendant’s profits, any damages sustained by the suing company and the costs of any lawsuit; and
- an order that you, in certain cases, pay their attorneys’ fees.
Has your business received a cease and desist letter?
Contact Littlejohn Law Offices today to discuss your options!!