Posted on: November 7, 2019 by Huntersure LLC.
Cease and desist letters, or notices, are used to notify an individual or organization of some kind that they are harassing or infringing on properties or ideas. These activities can include many different things like stalking, libel, slander, or any kind of copyright infringement.
These letters serve as a warning to the party in question, allowing them a certain amount of time to end what they’re doing before any kind of legal action is taken. For those who feel that it’s time they draft a cease and desist letter, whether for personal reasons or business reasons, it should not be taken lightly.
Here are some tips on the dos and don’ts of how to go about writing a cease and desist letter.
If someone or some business is harassing an individual or organization or is negatively affecting their business somehow, a letter should at least be kept in the back pocket. Some common reasons that someone might prompt this action include infringement of an intellectual property right, debt collection, slander, and libel, or harassment.
Generally, cease and desist letters should include a number of criteria in order to be effective and stop whatever action has been taking place. First, the sender should map out a clear and concise description of the infringing or harassing behavior or action as well as the amount of time the recipient has in order to remedy the issue.
Next, the letter should include the goal of the action to write and send a letter, which is to get the offending party to stop what they’ve been doing. If the issue continues or escalates in some fashion, prompting legal action, an attorney should be brought in to help serve a cease and desist order, which is a legal action issued by a court.
Finally, although there is no specific outline of how long someone needs to give an offending party to stop their actions, a timeframe should still be included.
While cease and desist letters can be straightforward in getting their point across, there are still some ways in which they can backfire or not be as effective. Here are some things to avoid:
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