Cease & Desist Letter
A Cease & Desist Letter allows you to formally tell an individual or a business to stop a certain conduct, from harassment to debt collection. Otherwise, legal action will be taken because the behavior is harming or interfering with the sender’s legal right to do something or have something. It is a cost-effective way, and usually the first step, in asking the recipient to stop a certain activity or risk legal action.
The Cease & Desist letter should be used in cases of intellectual property infringement. This letter can be used for either trademark/patent infringement, wherein an individual's business trademark/patent is being used by some other party without permission, or copyright infringement, where a writer, artist, or other creator's original content is being used by some other party without permission.
Worldwide Experts, World-class Service
We proudly operate in 120 countries in the world. Our worldwide capabilities make it possible for us to provide professional service to more markets, and help you protect intellectual property rights internationally. What's more, we have highly experienced intellectual property specialists in each country. This ensures that your consultant knows the ins and outs of your region, and can provide you with a seamless, stress-free experience. Global reach with local knowledge and international understanding.
Online Tracking of The Process
Our online customer account system contains a list of all cease & desist letters each client has sent with us, along with the detailed information about each legal action and deadline. The system is also set up to send out important reminders, such as action deadlines, response dates, and others.
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Frequently Asked Questions
1. What will happen after the Cease and Desist Letter is sent?
The infringer could respond in one of the following ways: 1. Agree to stop use – it is important to monitor that the infringer does in fact comply with the request. It is a good idea to memorialize the trademark/patent/copyright owner’s rights and the infringer’s agreement to cease infringement through a Settlement Agreement. 2. Ask to continue use under some sort of license – the trademark/patent/copyright holder agrees to let the infringer use the trademark/patent/copyright in a specified way for a fee. 3. Not respond at all – the infringer should be monitored to determine if use ceases or continues. If nothing changes, a second letter could then be sent or a more serious action could be taken. 4. Respond with a denial of infringement – the infringer should be monitored here as well as undertaking future correspondence/negotiation.
2. What steps should be taken after a Cease and Desist letter is sent/received?
This depends on whether and how the recipient responded and the scope of each party’s legal rights. If infringement is obvious and agreed upon, a Settlement Agreement may be arranged whereby the trademark/patent/copyright holder agrees not to take any further legal action so long as the infringer agreed to remove infringing content and not infringe in the future. If some infringement will be allowed to continue, the parties may enter into a Consent Agreement/Coexistence Agreement, or a Licensing Agreement/Distribution Agreement. If the parties cannot agree at all, an opposition, cancellation proceeding, or a lawsuit may have to be filed.
If the customer has any questions regarding WIPC's service, please contact our customer service line or your assigned consultant. If the customer believes the problem is still not resolved, he/she can contact the customer service supervisor directly by telephone +1 646-934-6266, or email firstname.lastname@example.org. We ensure that all customer complaints will be resolved to customer's satisfaction.