what type of lawyer do i need for a cease and desist letter

Full Answer

Can I Have my attorney serve a cease and desist?

If the issue continues or escalates in some fashion, prompting legal action, an attorney should be brought in to help serve a cease and desist order, which is a legal action issued by a court. Finally, although there is no specific outline of how long someone needs to give an offending party to stop their actions, a timeframe should still be included.

Can I send a cease and desist letter to someone?

If a person or a business is infringing upon your copyright, trademark or patent, you can send a cease and desist letter to inform the recipient about your rights and clear your intention to enforce your rights through appropriate legal means. Your letter may include a licensing offer and a threat of lawsuit.

Is it okay to ignore a cease and desist letter?

There’s no legal penalty or repercussion for ignoring a cease and desist, but you risk the sender beginning legal proceedings against you if their claims are legally sound. However, if you’re confident that the content of the letter is inaccurate or unenforceable, you can safely ignore a cease and desist letter.

What happens if a cease and desist letter is ignored?

What happens if you ignore a cease and desist? If you ignore it, the attorney who sent the letter will eventually file a lawsuit in federal court against you for trademark infringement and/or copyright infringement. This action may not happen right away. You might even think you are out of danger.

What kind of lawyer writes a cease and desist letter?

Anyone can send a cease and desist letter. An attorney does not have to be involved. However, an attorney can advise complainants on whether their rights have been violated and if they have legal and meritorious rights to send a cease and desist letter.

Can I write my own cease and desist letter?

How to Serve a Cease-and-Desist Letter. No specified method of delivery is required for a cease-and-desist letter. Because it is not a legal document, you can write and send the letter yourself without the help of a legal professional, or you can hire an attorney to write and serve the letter for you.

How much does it cost to send a cease and desist letter?

Hourly Rates for Cease-and-Desist Letters ContractsCounsel's marketplace data shows the average hourly rate for a cease-and-desist letter lawyer ranges from $200 - $350 per hour.

Can you send a cease and desist for anything?

If someone is using your work without permission, you can send a cease-and-desist letter demanding they take the content down or stop using it without proper attribution. Unlike trademarks, copyright applies as soon as your idea is written down.

Who can issue a cease and desist request?

Cease and desist can take one of two forms: an order (court order) issued by an administrative agency of the government or the courts to stop suspicious or illegal activities, or a letter, usually written by an attorney, often a formal first step to request prevention to prevent unlawful activity.

Can a cease and desist letter be considered harassment?

A cease and desist letter has legal power but is not legally binding. It can be considered harassment if the wording is too aggressive or offensive. If you make unsubstantiated legal claims, state untruths, or attempt to intimidate the recipient, you might find yourself in legal hot water.

What justifies a cease and desist?

If someone is infringing your trademark or copyright, use a cease and desist letter to make a formal request for them to cease the infringing activities. This shows that you mean business and are prepared to pursue legal action if necessary.

How do you write a cease and desist order?

Every cease and desist letter requires the same basic contents, such as:Your name and address.The recipient's name and address.A demand that the recipient stop the unlawful behavior.Sending the letter via certified mail, return receipt requested.

What do you do when you get a cease and desist letter?

When you receive a cease and desist letter, your first step is to show it to an attorney. Depending on whether the letter is about trademark infringement, harassment, or defamation, you'll need either an intellectual property attorney, a criminal attorney, or a personal injury attorney.

Are cease and desist letters legally binding?

Even though a cease-and-desist letter is a non-binding letter and does not have a legal effect, it is primarily sent to the wrongdoer so that it may later be used as evidence in litigation against the wrongdoer if the alleged misconduct is not stopped.

Should I be scared of a cease and desist letter?

Either way you dice it, these letters can be very scary to a non-lawyer and should be given the utmost respect, at lease until you know for sure whether the claims in the letter are legally valid. That being said, a cease and desist letter has no legal significance.

How do you stop someone from slandering you?

You can file a lawsuit for libel or slander, or you can seek a restraining order from the court. But the cheapest step is to first send a cease and desist letter that tells the party to stop or face the consequences.

What is a cease and desist letter?

Updated May 14, 2019. A cease and desist letter is a legal notice sent to someone you believe is infringing on copyrights you own the rights to. The letter is your way of stopping them.

Can civil claims be appealed?

Even if you get a verdict in your favor, the defendant may file an appeal and further extend the legal process.

Do you pay an attorney if she wins a verdict?

In that case, you only pay the attorney if she wins a verdict or obtains a settlement for you. An attorney can also advise you if your rights have, in reality, been violated and if so, if you have enough grounds for legal action. Also, an attorney can tell you if a cease and desist letter is the appropriate course of action, ...

If I can send a cease and desist letter, why should I use an attorney?

Anyone can write and send out a cease and desist letter. There are a few reasons, however, why you should strongly consider using an attorney instead:

What is the difference between a cease and desist letter and a cease and desist order?

Some people confuse cease and desist letters with cease and desist orders. The primary difference is that a cease and desist letter does not have legal weight backed by a court – it is a notice and demand letter sent by someone or their attorney. A cease and desist letter is a measure used before resorting to more serious action such as a lawsuit.

Final thoughts

If someone is harassing you or infringing on your rights, having a legal professional send a cease and desist letter on your behalf can be a fast and cost-effective way to enforce your rights and put a stop to the offending activities. Demand Letters is your best option for finding a legal professional that will assist you for a low flat rate.

What should a cease and desist letter include?

There are a few items every cease and desist letter should include. First, explain your rights. Second, detail how your rights are being violated. Finally, you must include a command to stop the actions you are being harmed by.

What happens if you send a cease and desist letter?

Issuing a cease and desist notice under the wrong circumstances can cause legal troubles for the sender. If there are threats involved in the letter, it can amount to extortion, blackmail or other crimes. In addition, if the violation turns out to be false, the party receiving the letter can sue for a judgement.

What is a cease and desist notice?

Use a cease and desist notice if you want to issue a formal warning to someone to stop doing what they're doing. This includes using your property, harassing you, or illegally using your trademarks. Usually, but not always, a cease and desist is the first formal step following an informal notification.

What is the difference between a cease and desist order and a cease and desist letter?

A cease and desist order is different from a cease and desist letter. The main difference is in terms of legality. Letters have almost no legal standing. Orders do. A cease and desist order is granted by a court. It serves as a temporary injunction.

What is the first step to take to address these issues?

Engaging in illegal or suspicious activity that involves someone's work. The first step that you can take to address these issues is to send a cease and desist letter.

What is the purpose of cease and desist?

However, it fulfills an important function in the legal process. It establishes that you have told the offender about their violation. They now cannot claim they didn't know they were in violation.

Why do we need a cease and desist?

It also often stops the offending behavior without the need to take it any further.

What does a cease and desist letter mean?

An employer sends a cease and desist letter if it thinks the former employee is working for a competitor, or stealing customers, or may inevitably disclose confidential information to their new employer. Often the letter arrives certified mail, or via federal express, or may even be served by a state marshal or process server.

What happens if my former employer doesn't take reasonable precautions to protect what they are claiming are trade secrets

If your former employer didn’t take reasonable precautions to protect what they are claiming are trade secrets, you may have a good defense to any lawsuit. You may also know through the grapevine whether your former employer ever sues employees based on a non-compete or non-solicit agreement.

Can you earn a living if a cease and desist letter is entered?

If the order gets entered, you may not be able to earn a living at that job. Know your rights, and make an informed decision whether to engage an attorney to respond to the cease and desist letter for you.

Can you get a cease and desist letter from your former employer?

Employees that have signed non-competition agreements, non-solicitation agreements or even confidentiality agreements with their former employers, may receive a cease and desist letter from their former employers or their attorneys if they have started to work for a business that competes with their former employer.

What is the purpose of a cease and desist letter?

However, the cease and desist letter’s purpose is to formally demand the harasser or violator to stop their illegal behavior. It is not legally enforceable unlike the cease and desist order granted by the judge.

What happens if you violate a cease and desist order?

Penalties and fines for violations of the cease and desist order will vary by state. Some violations can even lead to jail time. Therefore, if you have been a named party on a cease and desist order it is important to contact a lawyer to ensure your rights are not violated and you are able to abide by the order.

What happens if a civil claim is not based on merit?

A claim that is without merit can expose the lawyer to embarrassment by the person who received the cease and desist letter.

What is cease and desist order?

A cease and desist order is the first step in obtaining legal action towards the noncompliant party. It is considered to be one of the cheapest and quickest ways to resolve a dispute because lawsuits can be time consuming and expensive.

What is a statement of waving present and future rights to sue based on prior misconduct?

Generally, there are three preconditions that are required before an attorney can raise the prospect of charges without violating their professional conduct code.

What are the rules of professional conduct?

Additionally, the American Bar Association (ABA) Model Rules of Professional Conduct require that a lawyer “shall not present, participate in presenting, or threaten to present a criminal charge solely to obtain an advantage in a civil matter.”. The threats should only be utilized for a negotiation tactic.

What is a legal warning?

The specific activity you need the person or company to cease; Describe why the activity it illegal; A clear warning that legal action will follow – such as a lawsuit if the activity does not end and; A statement of waving present and future rights to sue based on prior misconduct.

Why do lawyers send these letters?

The most common reason someone sends a cease and desist letter is simple efficiency: a letter is simpler and cheaper than a lawsuit.

So What Should I Do If I Receive a Cease and Desist Letter?

There is no “one size fits all” answer to this question. If it turns out that the letter was sent by a trademark owner who was just trying to create a paper trail to avoid abandonment or genericide, it might be fine in some cases to ignore the letter.

What is a cease and desist letter?

A cease and desist letter is a written notice requesting an individual or business engaging in unlawful, unwanted, or harmful conduct to stop and refrain from such behavior now and in the future. This letter is typically used to ask someone to immediately end their... read more.

What does "without a cease and desist letter" mean?

Without a cease and desist letter, the individual or business has not been put on notice to stop any behavior. Without having the individual or business on notice, the unlawful behavior will likely continue which could cause harm to you or your company depending on... read more.

Can you comply with a cease and desist letter?

People tend to avoid litigation at all costs and typically comply when they receive a cease and desist letter. However, sometimes they fail to comply. When someone fails to comply with a cease and desist letter, there are a few options still available to have your... read more. Contact Us.

Can an opposing party disregard your correspondence?

The opposing party will completely disregard your correspondence if you send it. They are aware that there is little, if anything, you can do to cease or desist their infringing behavior. However, the value of a lawyer writing this correspondence offers you the leverage and the teeth that other websites cannot.

Can a thoughtfully tailored letter open the path to resolution?

In many instances, a thoughtfully tailored letter can open the path to resolution. Competitors offer you form letters for download and distribution. However, these obvious nonspecific correspondence do not carry the same value and inherent power that a narrowly tailored correspondence sent from a lawyer offers you.