4 Most Common Ways To Use A Cease And Desist Letter

The 4 Most Common Ways People Use Cease and Desist Letters

Stopping Trademark or Copyright Infringement

If someone is using your trademark or copyrighted material without your permission, a cease and desist letter can get them to cut it out^[1]. Like if some company starts selling t-shirts with your band’s logo on them without asking you first – not cool. A letter from a lawyer might make them think twice about ripping off your design^[2].

You usually want to include specifics in the letter like exactly what trademark or copyright they’re infringing on and proof that you own it. Pictures or copies of the registration from the patent office can help. Be clear about what you want them to do, by when. Stop selling the shirts, destroy any remaining inventory, blah blah. If they don’t comply, you can sue their butts for infringement damages.

Getting Debt Collectors to Back Off

If debt collectors are harassing you about debts you don’t even owe, a cease and desist can make them leave you alone^[3]. The letter should say you don’t owe any money, ask them to stop contacting you, and threaten to sue them if they violate debt collection laws.

Make sure to send it certified mail so you have proof they got it. That way if they keep bugging you, you’ve got solid ground to stand on for a lawsuit. They could be liable for illegal debt collection practices like $1,000 per violation in some states!

Preventing Defamation or Libel

If someone’s spreading lies about you that could hurt your reputation, a cease and desist letter can order them to stop defaming you^[4]. The letter should describe exactly what false statements they made about you, demand a retraction, and ask that they stop making defamatory comments about you.

It can be good to show proof the statements are lies, if you have any. Photos, contracts, witness statements – anything that contradicts what they said. Threaten to sue for defamation or libel if they don’t comply.

Stopping Patent Infringement

Knock-off artists trying to profit off your patented invention? A patent infringement cease and desist letter can get them to cease and desist^[5]. Be specific about what patent they’re infringing – number, issue date, etc. Describe how their product violates your patent rights and provide photo evidence if possible.

Demand that they stop manufacturing and selling the product immediately. Give them a short deadline to respond and threaten patent lawsuit if they don’t comply. Lawsuits can mean big bucks in royalties and lost profits if your patent rights were violated.

Enforcing Non-Compete Agreements

If someone violates a non-compete agreement with your company, a cease and desist letter can order them to stop^[6]. Explain exactly what provision of the agreement they breached and what activity they need to cease that conflicts with the agreement.

For example, if your sales guy Joe leaves to work for a direct competitor in violation of his non-compete, tell Joe he needs to quit immediately or you’ll see him in court. Non-compete lawsuits can mean major profits in some states.

Those are the most common situations where businesses or individuals use cease and desist letters before heading to court. They lay the groundwork to sue if the other party doesn’t stop the infringing activity after getting the letter. Talk to a lawyer if you need to get serious with a cease and desist.

References

1. https://www.reddit.com/r/legaladvice/comments/atnicu/someone_is_selling_tshirts_with_my_bands_logo_on/
2. https://www.quora.com/If-someone-is-selling-products-with-my-art-on-them-without-my-permission-what-can-I-legally-do-Can-I-have-their-shop-taken-down-Can-I-sue-them-for-damages-etc
3. https://www.reddit.com/r/personalfinance/comments/43iyip/our_family_of_5_lost_everything_in_a_fire/cziljy3/
4. https://www.quora.com/I-have-been-defamed-What-are-my-options-for-legal-action
5. https://www.reddit.com/r/Entrepreneur/comments/5l40yf/how_to_protect_your_invention_idea_from_getting/
6. https://www.quora.com/What-happens-when-someone-violates-a-non-compete-agreement