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Cease and Desist Letter
A Cease and Desist Letter is a cautionary letter sent to an alleged infringer describing the alleged infringement and demanding that the alleged infringement be stopped.
While not carrying any legal weight, Cease and Desist Letters demonstrate that the intellectual property owner has put the alleged infringer on notice and attempted to stop the alleged infringement.
A Cease and Desist Letter addressing intellectual property infringement should include the following:
1.
Attorney contact information
2.
Identification and description of the infringed intellectual property
3.
Proof of ownership of the infringed intellectual property
4.
A demand to stop infringement
5.
A warning of legal action after a specified period unless the infringement stops
Hopefully, once a Cease and Desist Letter has been received, the infringement is stopped, or an agreement, such as a license, is reached. However, the sender needs to be prepared to take legal action to defend the claims outlined in the letter.
If you receive a Cease and Desist Letter, it is essential not to ignore it. Instead, the asserted intellectual property and alleged infringement must be confirmed and analyzed, and a response generated.