The deadlines for formal legal proceedings will be set by the court’s rules and regulations, and certain legal expenses will be incurred just to maintain your position. However, ignoring the letter will likely lead to bigger problems.įirst, you will likely hear from the sender again, potentially with formal legal proceedings. You may want to ignore a cease and desist letter, and hope that the issue will disappear on its own. If you acknowledge the letter before the deadline and ask for more time, the sender will usually agree to wait a little bit longer for your complete response.įailing to respond by the deadline may cause the sender to think that you’re ignoring the letter. Often, this deadline has been set by the sender and is flexible. Don’t forget the deadline to respondĪ cease and desist letter will almost always include a deadline to respond. Most cases are settled without formal legal proceedings or before the legal proceedings go to trial. The sender may threaten legal action if you don’t comply with their demands, but it does not always mean that they will start legal proceedings. For example, a trademark owner may send a cease and desist letter that demands that the recipient stop using their trademark, or a confusingly similar trademark or trade name.īut don’t panic – your receiving a cease and desist letter does not mean that the sender is taking you to court. If you’ve received a cease and desist letter, follow these four steps:Ī cease and desist letter demands that the recipient stop doing a specified activity, and not restart it in the future. Cease and desist letters can also be used for any type of intellectual property right dispute, including patent, copyright or industrial design infringement. For example, a cease and desist letter may demand that the recipient stop using the sender’s trademark on commercial merchandise. These letters are commonly used for trademark disputes, where the sender claims legal rights to a trademarked word, phrase or design.
The letter warns the recipient of potential legal action if they don’t comply. The letter informs the recipient that they have allegedly infringed the sender’s intellectual property rights, and asks them to stop their actions immediately. Whether it arrives by post, email or someone showing up at your door with a personal delivery, a cease and desist letter almost always means some degree of trouble and expense.Ī cease and desist letter regarding intellectual property rights is often sent as a warning. This is the sort of letter that no one wants to receive: one containing the words “cease and desist”.
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