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The elements of effective cease and desist letters

On Behalf of | Dec 9, 2021 | intellectual property law

Businesspersons understand the importance of holding onto their owned intellectual property. Someone may begin using a similar name or selling an indistinguishable product. Such actions create havoc in the marketplace.

As the information economy overtakes the physical, trademark disputes are becoming more commonplace. Legal conflicts are rising in many business areas, including with patents. When infringements do occur, crafting a solid legal defense is vital.

Purpose of a cease and desist letter

Companies infringing on the trademarks of another must stop. They are unlikely to halt their activities without potential consequences. Cease and desist letters push recipients into following the demands of a competitor.

Components of a cease and desist letter

A successful cease and desist letter must fulfill several objectives. Professionals familiar with this area of the law can write one that does everything it needs to.

Such letters must determine the physical location of the infringer. For this reason, they should arrive via physical mail, never electronically.

Next, they should contain proof that infringement is occurring. For example, a letter might include a screenshot of a questionable item for sale or logo.

The letter also has to name a deadline by which the business must respond. Further, it should make specific action demands. Signed certification forms acknowledging the conflict are necessary. The conclusion ought to threaten legal action if changes do not happen.

Intellectual property disputes are thorny situations. Resolutions are often possible with cease and desist letters. For this reason, properly composing them is essential for any compromised business.