A cease and desist letter is typically written to prevent damage or harm to one party by another. It is not a legal document and can usually be written without an attorney. Rather, it is simply a request to ask the other party to stop their harmful actions and outlines further consequences if they do not. Often those consequences include the threat of a lawsuit.
The most common reasons for cease and desist letters include:
- Infringement of intellectual property such as a copyright, trademark, or patent.
- Prevent debt collections agencies or attorneys from constantly calling. Remember, it doesn’t eliminate anything you owe.
- To stop someone from continuing harmful written or verbal actions and/or retract or take back what was already said/written.
- Tread carefully as sometimes the harasser may get enraged from a cease and desist rather than be deterred; make sure it’s the right course of action.
So what should you do if you’ve received a cease and desist letter?
- First, don’t panic. A cease and desist letter is just a warning. Thoroughly read the letter to be sure you understand what the sender is asking you to do; it may be something minor. If you don’t understand what the sender is requesting or have any objections to the request, be sure you contact an attorney to have a complete understanding.
- Don’t ignore it. While the initial letter is just a warning, failure to respond according to the deadlines may result in further action by the sender, and that may include a lawsuit that could end up being time-consuming and costly for you.
- Seek legal counsel. Don’t assume that the sender has any kind of knowledge or legal standing for the request. Be sure you understand your rights and what alternatives are available to reach an agreement.
If you have received a cease and desist letter, contact our office. The lawyers at Hoover Kacyon, LLC. are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at
330-922-4491 or
contact us online
to make an appointment.
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