5/2/2023 0 Comments Cease and desist letterThe cease and desist correspondence may be written on the letterhead of a law firm, but alternatively could be written by the intellectual property owner itself. In most cases, the sender will also include copies of the patent or copyright or trademark registration as an enclosure. The letter also generally includes a reference to the sender's intellectual property, like a patent number, copyright registration number or trademark registration number. What does cease and desist mean? It means to stop doing something and not resume doing it in future.Ī cease and desist letter will often be multiple pages and will outline the alleged infringement in detail. The first and most obvious one is the use of the phrase "cease and desist" in the letter. How to identify whether you've received a cease and desist letterĬease and desist letters do not have to follow a specific format, but they often have common features. In some cases, the letter opens a pathway for negotiation between the sender and the recipient (for example, negotiating a licensing deal on a patented product). However, if ignored, the recipient risks that the situation will escalate and the sender will start a legal proceeding against them to obtain a cease and desist order from the court called an injunction. Therefore, there are no immediate repercussions to non-compliance. You may be wondering, is a cease and desist letter enforceable? The letter is not a court order and on its own is not legally enforceable. However, cease and desist letters can be used for any type of alleged intellectual property right infringement, such as infringement of patents, copyright or industrial designs. These letters are particularly common in trademark disputes, where the sender will usually claim legal rights to a trademarked word, phrase or design and request that the recipient immediately stop using it on any commercial merchandise. At the very least, it asks them to stop, or cease, their actions or face potential legal action. It is meant to inform the recipient that they have allegedly infringed a legal right of the sender. If you are an intellectual property rights holder thinking about sending a cease and desist letter, see our article, I Think My Intellectual Property Rights Are Being Infringed What Now?Īn IP cease and desist letter often precedes intellectual property litigation. This article is directed at recipients of cease and desist letters. By: Christopher Heer, Mala Milanese, Stefanie Di Giandomenico, Annette Latoszewska, Daryna Kutsyna, Sarah Halkyard | Last updated: March 1, 2022
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