You’ve fallen into a bit of a pit and you need someone to immediately stop their actions, so you resort to a cease and desist letter. But what are cease and desist letters?
It is a letter from you to a selected party, ordering the selected party to “Stop what you are doing or face the consequences in court.” It is a legal notice sent to the selected party when you believe they are infringing on your rights.
To learn more about cease and desist letters and when you need them, read on.
Perks of Having An Attorney
You do not need an attorney to write the letter initially, although an attorney can verify if your rights have been violated.
The benefit of having an attorney is their ability to confirm if you have the grounds for legal action. They can also determine if a cease and desist letter is the proper action for your situation.
Typically, the letter from the sender (you) will not be taken as seriously as when the letter is sent from an attorney.
Common Situations Calling For A Cease and Desist Letter
If you choose to send it yourself, understanding cease and desist situations can help you determine when it is best to use one.
Trademark Infringement
In the case that someone infringes upon your trademark, it is imperative to send a trademark cease and desist letter.
Trademark law gives the owner the right to enforce their trademark rights.
By sending them a letter, it does not free them of any damages they may have already cost you if they do comply. Meaning, you can still choose to sue for the damages already done to your trademark.
Stop Debt Collectors
Debt collectors can harass you day and night over the phone, or even by visiting you at home.
When they receive a cease and desist letter, they must immediately recognize the letter, and may only contact you once more to tell you they are ceasing communication.
Invasion of Privacy, Harassment, and Stalking
In these cases, the person receiving could be provoked to take action. However, having sent a letter to them can be used as evidence in a court of law.
Breach of Contract
If your employee were to be hired by another employer, who has knowledge of their employment with you, this is considered a breach of contract.
This instance is known as “tortious interference of contract” and the other employer must be made aware immediately.
Stop Slander or Libel
If a person is making false or damaging statements about you, it is useful to explain how they are false in the letter. It is also best to explain how this has caused you damage whether it be a monetary loss, emotional distress, or reputational damage.
Time To Act
If you decide the situation calls for a cease and desist letter, consider the power of having an attorney write it.
When you send the letter, send it through a shipping company with delivery confirmation. In a court of law, you will have proof they received the letter.
Did you enjoy this blog post? Be sure to explore and read more like it on our site!
