A cease-and-desist letter represents a written demand that an individual or organization to cease (stop) an activity and desist (refrain) from doing it again in the future. A cease-and-desist letter can resolve the conflict without litigation which can be time consuming and expensive for all involved.
Demand letters can involve intellectual property claims like allegations of trademark infringement, copyright infringement, patent infringement, or misappropriation of trade secrets. They also can also involve other claims such as defamation or interference with business.
The litigation attorneys at Thomas P. Howard, LLC regularly send and respond to cease and desist letters. Demand letters can be a good option for raising an initial claim of infringement, misappropriation, or defamation, and asking the other party to stop. They can give notice to the other party of the intellectual property rights at issue, and often are the first step in resolving the conflict. Cease and desist letters can help facilitate early resolution and settlement without the need for a lawsuit.
Unlike lawsuits, a cease and desist letter is not an “official” court document, like a complaint. Ignoring a cease and desist letter, however, may cause the sender to file a lawsuit to vindicate their rights. If you receive a cease and desist letter, please contact the attorneys at Thomas P. Howard, LLC for a free consultation regarding the letter to help determine what kind of assistance you may need.
In preparing or responding to cease-and-desist letters, our approach is to prepare detailed letters with exhibits supporting our position legally and factually. Before writing we conduct a factual analysis and document review, as well as an analysis of the legal issues underlying the claims being made. The likelihood of a quick resolution depends on the circumstances of each case. When necessary, we will use our analysis to prepare or respond to a complaint if the dispute is not resolved.
If you are considering sending or responding to a cease-and-desist letter, contact the attorneys at Thomas P. Howard, LLC, either via email or by phone at 303-665-9845, for a free consultation to help determine what kind of assistance you may need.