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How to Protect Cease And Desist Letter

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In this episode of Hawthorne Law TV, host Jim Hart discusses five common mistakes people make when drafting cease and desist letters. He emphasizes the importance of hiring a lawyer to create these letters, as they often lack credibility and effectiveness when written by individuals. Hart argues that a professionally drafted letter carries more weight and is more likely to compel the recipient to cease their actions. He introduces the topic to help viewers avoid these frequent pitfalls in legal communication.

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How do you respond to a non compete cease and desist letter?

You (whether lawyer or client) have the following specific options: Ignore it. Terrible idea. Respond to it via counsel. In almost all instances, you respond via counsel who has expertise in this specific arena. Sue first. In rare instances, instead of responding with a letter, you respond with a lawsuit.

What is the purpose of cease and desist letter?

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 when you send a cease and desist letter?

A cease and desist letter has no legal standing. It is merely a warning and a request to stop the offending behavior before legal action is taken. If the party continues the offending activity, the letter may help you get a cease and desist order, which is granted by the court.

How do you defend a cease and desist letter?

Responding to a cease and desist letter Having your attorney write a response letter to try bargaining with the other trademark owner for continued use of the name. Asking the other party for more information, including seeing their trademark to evaluate whether they have a legitimate claim.

How serious is a cease and desist letter?

While a cease and desist letter doesnt have a legal effect in and of itself, its often a good way to begin the process of stopping someone from engaging in an activity that is harming you in some way. Such documents are easy to write and, unless you hire an attorney to write them, usually quite cost-effective.

What happens when someone ignores a cease and desist letter?

Youll end up in a lawsuit. If you ignore a cease-and-desist letter, the next thing waiting for you could be a summons and complaint, alerting you that youve been officially served with a lawsuit.

Do you need to respond to a cease and desist?

Relax Reflect: Whether formally served or mailed, Cease and desist letters do not legally require a response. Even if the sender demands or requires action, cease and desist letters are not summons and complaints.

Should I ignore a cease and desist letter?

Once you have ascertained that the communication you have received is or is likely a cease and desist letter, it is important to decide on a course of action. While there is typically no legal penalty for ignoring a cease and desist demand, doing so is generally ill-advised.

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