It is up to the third party whether they continue to use the protected property and their willingness to endure a lawsuit. Individuals that own the intellectual property will use the letter to inform the offender of their rights as the property holder and may contain licensing proof as evidence. In the case that the other party ignores the attempted communication, as mentioned supra, the cease-and-desist letter can be used in court as evidence that the non-compliant party was aware of their actions but continued to engage in them.Ĭease and desist letters are frequently facilitated in intellectual property rights infringement this includes copyrights, trademarks, and patents. A cease and desist letter is the quickest and easiest method to settle matters. Litigation is expensive and time-consuming, and many people prefer to settle matters outside of the court whenever possible. If the receiving party chooses to ignore the letter, it is implied that the writer will follow through on their threat and initiate a lawsuit potentially using the letter as evidence of prior notice to the offending party.Ī cease and desist letter serves as a warning that potential legal action may be taken if the offending party continues with their behavior. The notice usually lays out deadlines that the other party must respond to or abide by to resolve the dispute. The letter will then state that the action the other party is performing must stop, or legal action will be taken against them. Depending on the situation, writers will include evidence of the behavior and specify what law was violated. The letter details what the alleged misconduct is and demands that it can longer continue.
Cease-and-desist is used to deescalate conflict surfacing from alleged illegal or certain activity. Although many attorneys are often hired to draft a cease-and-desist letter, it does not mandate legal expertise. There are no direct legal consequences if the party receiving the letter refuses to cooperate with the demands of the notice. However, certain misconceptions surrounding cease-and-desist should be noted before choosing to write or respond to one.Ī cease and desist letter is a non-legally binding document which means that the letter cannot force you or someone else to do or cease anything. Long Beach Small Business Monitor (LBSBM)Īt first, a cease and desist letter may seem intimidating regardless of whether you are receiving one or writing one.Journal of Electronic Commerce Research (JECR).
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