Cease and desist order Canada Forms

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Commonly Asked Questions about Cease and desist order Canada Forms

What justifies a cease and desist?

Such letters are usually written by attorneys and are often sent to stop alleged or actual infringement of intellectual property rights, such as copyrights, trademarks, and patents. A cease-and-desist letter may also be used to warn the wrongdoer against harassment, slander, libel, as well as contractual violations.

What happens if a cease and desist letter is ignored?

A cease and desist letter must be carefully crafted for the best chance at a successful outcome. And ignoring a cease and desist letter may result in the other side pursuing a lawsuit or injunction against the recipient.

Can you send cease and desist internationally?

Yes, U.S.-based and licensed trademark attorneys can send cease and desist (CD) letters internationally. Care must be taken, however. The owner of the trademark asking for a CD letter to be sent must be able to verify ownership of the trademark.

What are the risks of sending a cease and desist letter?

In other cases, there may be concern that a CD letter could result in the receiving party commencing litigation before you do in a forum that is less desirable to you, or in the receiving party destroying important evidence of the wrongful conduct.

Is a cease and desist letter enforceable in Canada?

A Cease and Desist Letter is not legally enforceable in and of itself. It merely informs and demands the recipient to stop an undesired action.

How do I issue a cease and desist order?

You can serve it via mail, email, an attorney and, in some cases, in person. However you choose to serve the letter, keep a record of delivery and receipt by the offending party. If you are sending the cease-and-desist letter yourself, send it via certified mail so that you have a record of delivery.

Can I write my own cease and desist?

Anyone can send a cease and desist letter. An attorney does not have to be involved.

Can anyone write a cease and desist letter?

Yes, anyone can send a Cease and Desist Letter. You do not need to hire an attorney to write one for you. An attorney, however, can help you determine whether your rights have been violated and if you have enough grounds to pursue legal action.