How Serious Is A Cease And Desist Letter?

What do I do if I get a cease and desist?

The following is a guide for what to do (or not to do) if you receive a cease and desist letter about an intellectual property dispute.Don’t panic.

Don’t communicate, yet.

Determine what claims are being made.

Gather and preserve your records.

Talk to an attorney.

Work with your lawyer to prepare a response.More items….

How do you legally get someone to stop contacting you?

Have a local attorney send her a cease and desist letter. If that does not work, you’ll have to get a restraining order. If she ever threatens you with harm, call the cops. If you can block her number that might save you the headache…

How much does a cease and desist cost?

You should probably plan on $1000-2000 for the cease and desist letter, but do not take this as a hard number as it could be more or less depending on the facts of your case. If you consult an attorney, he or she will be able to provide you with a better estimate of costs.

What are the grounds for a cease and desist?

There are four common reasons that Cease and Desist Letters are used:Collection agency harassment.Trademark or patent infringement.Harassment (e.g. slander, libel, and defamation)Copyright infringement (of original web content, music, video or audio, etc.)

How can you tell if a cease and desist letter is real?

The first thing for the attorney to determine is whether the cease and desist claim is legitimate. If the other party claims you’re infringing upon their tulip logo, and your logo uses a different flower in a different color with a different slogan, chances are you’re not infringing the other party’s trademark.

What happens if you don’t respond to a lawyer’s letter?

Never ignore a demand letter. If you receive one, contact your attorney immediately. Some people think if they don’t respond, the sender will go away. This is usually not the case — especially if the other party has retained an attorney. Respond and try to resolve the issue or you run the risk of going to court.

What happens if a cease and desist letter is ignored?

Remember that the sender could have just sued you; consider why they didn’t. It’s important to know that cease and desist letters don’t have any legal force. There won’t technically be any legal repercussions if you don’t do what the letter demands, but ignoring cease and desist letters generally isn’t a good idea.

Do cease and desist letters mean anything?

Even if action is demanded or “required” by the sender, cease and desist letters are not summons and complaints. The sender may threaten to file litigation if a response is not received, but the letter does not mean a lawsuit has been filed. Instead, the letter is a warning of sorts.

Is a cease and desist letter legally binding?

A cease-and-desist letter is not legally binding and reflects the opinion of an individual, typically an attorney. A cease-and-desist letter may serve to warn an offender that legal action may take place if they don’t stop the activity.