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When to send a cease and desist letter

On Behalf of | Oct 16, 2023 | blog, intellectual property law

In today’s digital age, protecting intellectual property has become a significant concern for creators and businesses.

Recent data from the World Intellectual Property Organization reveals a notable 22% increase in cases of intellectual property infringement over the last five years. This statistic demonstrates the need to protect creative works and ideas from unauthorized use or reproduction.

Recognizing infringement

There are some clear indicators that tell you intellectual property infringement may be occurring:

  • When someone duplicates your work without your permission, whether it is a logo, written piece or design
  • Another party creates something that closely resembles your work to the point where it might cause confusion in the market
  • Your work is being distributed or sold without your consent

A cease and desist in these instances may be an appropriate action to take.

Instances requiring swift action

There are situations where sending a cease and desist letter is not only appropriate but necessary.

For example, when unauthorized use of your intellectual property harms your reputation or brand or you are experiencing financial losses due to infringement.

You should send a cease and desist letter if the party infringing on your rights continues to use your intellectual property even after you have reached out to them about it.

The impact of a cease and desist letter

A well-drafted cease and desist letter serves as an official communication, notifying the infringing party of their violation and demanding an immediate halt to the use of your intellectual property. It outlines the specific details of the infringement and provides a clear path for resolution.

In a society that highly values creativity and innovation, safeguarding your intellectual property is your right. By taking assertive yet measured steps, you can uphold your rights and maintain the integrity of your intellectual property.