An intellectual property cease and desist letter usually is a formal notice requiring the recipient to stop (cease) and refrain (desist) from engaging in infringing activities.
The purpose is to inform the recipient that they have allegedly infringed the intellectual property (“IP”) right of the sender. It is often the first step taken to address infringement and is a more cost-effective way to resolve and settle an IP infringement related dispute in comparison to launching a litigation.
When do you send a cease and desist letter?
An IP cease and desist letter can be used in case of infringement of your IP rights such as trademark, copyright and patent.
Even if they do not stop their actions, the letter, sent via certified mail, can act as documentary proof to show that you have notified them of the possible consequences (often a lawsuit) of ignoring your request. Therefore, it becomes an important document in litigation.
It is important to note that there is no mandatory requirement by law to send a cease and desist letter before commencing infringement proceedings against the alleged infringer.
What does a cease and desist letter need to include?
A cease and desist letter includes:
- name and contact information of the recipient
- description of the rights of the IP owner that are being infringed by the recipient’s activities
- the specific action(s) of the recipient which constitutes the infringement
- the steps to be taken by the recipient following the allegation of the breach of IP
- the potential consequences of not complying with the request to stop such action(s)
- a deadline to stop the infringing activity
What should you do if you receive a cease and desist letter?
When you receive a cease and desist letter, you should work with your legal representative(s) to determine whether the cease and desist claim is legitimate and prepare an appropriate response to the letter (even if the claims have no merit whatsoever).
What happens if you ignore a cease and desist letter?
There is no legal penalty for not responding to a cease and desist letter. However, if you have received it then it is not advisable to ignore . It’s important to seek legal advice and take appropriate action in response to the letter otherwise the other party may take legal action against you.
Key takeaways
- If someone infringes your IP rights, you can send a cease and desist letter to stop them from engaging in infringing activities.
- It is not mandatory by law to send a cease and desist letter and you may choose to commence infringement proceedings instead.