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FAQs
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How do you respond to a cease and desist letter?
Responding to a Cease and Desist Letter If your domain name or trademark is similar to another company's trademark, you can respond to the cease and desist by: Having your attorney write a response letter to try bargaining with the other trademark owner for continued use of the name. -
What happens if you ignore a cease and desist?
What can actually happen if you ignore a cease-and-desist letter? You'll get more letters. ... Each subsequent letter might be more aggressive in tone, but you are under no legal obligation to comply, although you could face a lawsuit in the future. -
Should I respond to a lawyer's letter?
In the US, you are not required to respond to a letter from an attorney at all. You are only required to respond if you are sued, and then there are specific things to which you must respond based on court rules in your jurisdiction. Whether it is wise to respond or not respond is another matter. -
What happens if you ignore a cease and desist letter?
What can actually happen if you ignore a cease-and-desist letter? You'll get more letters. ... Each subsequent letter might be more aggressive in tone, but you are under no legal obligation to comply, although you could face a lawsuit in the future. -
How long does a cease and desist last?
A cease-and-desist letter may serve to warn an offender that legal action may take place if the they don't stop the activity. The offender is generally given a set time frame\u2014usually 10 to 15 days\u2014to respond. A cease-and-desist letter must comply with laws in the jurisdiction where it is sent. -
How do you respond to a cease and desist letter for defamation?
Take A Deep Breath. First, take a long, deep breath. ... Don't Dismiss The Claims Of The Company. ... Don't Assume The Claims Of The Company Are Legitimate. ... Consider Your Options. ... Remain Sane. -
What is a cease & desist order?
A cease and desist letter is a document sent to an individual or business to stop purportedly illegal activity ("cease") and not to restart it ("desist"). The letter may warn that if the recipient does not discontinue specified conduct, or take certain actions, by deadlines set in the letter, that party may be sued. -
Can you send a cease and desist letter through email?
A cease and desist demand need not in the form of a hardcopy letter sent by mail. The demand can come electronically, not in the format of a formal letter, or alternatively could be in the form of a telephone call. -
Do I have to respond to a cease and desist?
The attorney also will look for other defenses to trademark infringement, and there are many. While there's no minimum amount of time for you to reply to the letter, it's advisable to respond as soon as possible. A cease and desist letter may contain an arbitrary date for you to reply, such as within 7 days.
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what is a cease-and-desist letter when should use it when shouldn't use it who should send it when should you send it what are some common mistakes people make I'll address these issues coming up I'm Aaron Hall business attorney in Minneapolis a cease and desist letter is quite simply correspondence telling somebody stop their illegal activity what kind of illegal activity are we talking about maybe it's trademark infringement copyright infringement harassing phone calls or letters maybe it's some other violation of the law maybe violation of trade secret law improperly using confidential business information maybe they're slandering or defaming you these are typical examples where you want to send a cease and desist letter what is the letter do well couple things first a cease and desist letter puts people on notice that you know they're engaging in illegal activity they no longer can say oh I didn't realize it or I was never told to stop there are now on notice of their illegal activity second it may show bad faith as opposed to good faith in other words if you've told them they need to stop they can't say all I didn't know in fact because they persist it at least as one factor a court could look at in determining whether they had bad faith in continuing their illegal activity after they had noticed finally it makes somebody aware that they may be sued and may face legal consequences it's one step closer to litigation without actually filing in court and spending all the money and going to all the effort of commencing a lawsuit that's the value of it now who should send a cease-and-desist letter it really should come from an attorney it doesn't have the same weight if it comes from an individual when it comes on law firm letterhead from an attorney articulating that the conduct is illegal that sends a much stronger message than an individual what should be in the cease and desist letter well for one it should articulate specifically what has been done wrong what is they'll illegal a conduct that should be stopped what type of defamation is there what type of slander what kind of trademark infringement occurred not just stating the legal doctrine but also giving some examples of what's occurred the cease and desist letter might also say in addition to stopping here's a settlement offer for example turn over the confidential information you've been improperly using and pay a settlement amount a dollar amount of some sort and then we won't sue you and perhaps a-- will say you have ten days to respond the number of days really depends on the situation when should this be sent really as soon as possible and typically parties will do that when the situation has gotten so severe that they're willing to take some legal action to get this to stop
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