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Protect Your Brand with a Professionally Drafted Cease & Desist Letter
Take the first step against infringement with a clear, effective, attorney backed warning.
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Our Experienced legal team prepares a professionally written letter tailored to your trademark situation.
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Cease and Desist Letter
Freedom IP Firm
Why Sending a Cease & Desist Letter Matters
We're here to understand your situation, protect your brand, and guide you with trusted legal support—without the stress of court.
Cease & Desist
How a Cease & Desist Letter Protects Your Trademark
The trademark cease & desist letter is a legal document that demands another party to cease and desist their use of your trademark. It not only declares your rights but also assists in the process of avoiding expensive legal battles if they are not properly managed from the start. A poorly drafted letter may result in adverse effects or may cause your claim to be less powerful. When you get your letter done in a professional manner, the story of your rights is told clearly and the possibility of the case being resolved without resorting to litigation is raised.
Why Choose Freedom IP Firm?
Cease and Desist Letter’s Key Components
Your Details:
Initiate with your full name, contact number, and email ID. In case you are not the copyright holder or trademark owner, then include the information of that person too.
Details of the Trademark or Copyright:
Be very specific about the work or mark that is being infringed, give the registration number (if registered), and give a short explanation of your rights to the intellectual property.
The Other Party’s Activity:
Narrate the tale of the opposite party’s wrongdoing. For example, they are incorporating your trademark or copyrighted work in their products, website, or advertising.
Proof:
You may include or point out any documents that serve as a basis to claim for similarity between your IP and the one that is illegal. Pictures, websites, or product images can definitely help to make your point.
Demand to Stop:
You have to say and show that the other party must stop using your property right away and rightly so. There should be no doubt in this section about what actions need to be discontinued.
Time Limit:
The other side is usually given a short period of time, five business days, to respond to your demand or to your letter.
Consequences:
Be unequivocal that you will take additional measures if they do not follow your command, which may involve a copyright infringement lawsuit, recovery of attorneys’ fees, and damages awarded under federal law.
Common Questions: Cease And Desist Letter
If you have more questions, please give us a call or chat now with one of our Certified Trademark Specialists.
Cease and desist (or demand) letter or mail is a communication, which can be direct or indirect, that informs you that your activities are the infringement of someone else's trademark. It demands that you stop the use of the mark they are referring to. The letter or e-mail, in fact, might be encouraging you to discontinue the use of the mark that it accused you of. The information must be taken very seriously.
A cease and desist letter cannot do a legal function and does not grant obligations to the recipient. Usually, such a letter is sent to the wrongdoer. Its major purpose is to be later used as a witness in court against the perpetrator if the alleged misconduct is continued.
The very first thing to do is not to reply to a cease and desist letter by yourself and without a lawyer's advice to guide you. Accepting, denying or just being sorry may lead the other party to think you are guilty or liable and use your response against you in the court of law.
Should the recipient of a cease and desist letter ignore the instructions, the following step will be the summons and complaint issuance notifying the lawsuit and handing over the documents in due form.
If you are wondering what steps to take, first off, you ought to send a cease and desist letter to the offender as this is the very first step you need to do when someone is using your trademark without your consent. The letter notifies that you are the owner of the trademark while at the same time stating that the infringing party must within a certain time (usually five working days) stop using the trademark which is communicated to them.
In most cases, individuals handle the writing of their cease and desist letters by themselves without the help of a lawyer. However, business contracts that come with complicated legal issues may require the assistance of an attorney.
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