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Common mistakes when writing a cease and desist letter

On Behalf of | Oct 11, 2022 | intellectual property law

Cease and desist letters are powerful tools that can protect you against malicious individuals who might threaten your business. When someone seeks to profit from your property, whether physical or intellectual, you have the right to order that individual to cease those activities.

However, cease and desist letters are not a one-size-fits-all solution that can solve every single infringement violation that comes your way. Failure to recognize this fact can lead to some common and unprofessional mistakes.

Writing the cease and desist letter yourself

Each cease and desist situation is a legal matter that is likely unique to your specific business and situation. Writing a cease-and-desist order yourself using an online template will likely result in flimsy or unprofessional terms. The receiver might even find loopholes they can exploit to continue abusing your intellectual property.

Not providing a clear reason

A cease and desist order should be clear and concise, never vague. You should, at the very least, specify which actions you wish the infringer to cease and explain why they are in violation of your rights. Sending a cease and desist when you only assume that someone might be infringing on your copyright is excessive and unnecessary.

Making empty threats

If your cease and desist letter states that you will take action against the infringing party, you should be specific about what that action will be. In most cases, making threats is entirely unnecessary. Simply ordering the cessation of infringing activity is often the most professional way to handle a violation.

Before taking steps to order a cease and desist, take a moment to consider if the action is truly necessary. If you decide that it is worth doing, then it is most certainly worth doing the correct way.