If you discover someone is using your business’s intellectual property, the first step to take is usually sending a cease and desist letter. However, this may not always be the right move.
Cornell Law School states that a cease and desist letter is merely a warning that you will take legal action if the person does not stop what he or she is doing. This may not work in every situation.
The response
If you have already tried to discuss the situation with the other party and have had no luck, consulting a commercial litigation attorney and sending a cease and desist letter may serve as a warning that failure to stop the behavior could result in a lawsuit. You certainly can try it as the letter will serve as a warning that not stopping the behavior will result in a lawsuit.
Follow through
You should only send a cease and desist letter if you are serious about taking further action. If you have no intentions of going to court, then the letter is simply an invalid threat. It could come back to haunt you should you later decide to seek legal help.
Professional approach
You also need to be careful with sending this type of letter. You want it to be professional and come from a business lawyer. Writing your own letter will not likely have an impact and it could be construed as an illegal threat.
When using a cease and desist letter, it is essential to do so correctly and within the law. You want this to serve as the first step in the process of stopping someone from using your intellectual property and not be a hollow attempt to scare the person.
Daughtry, Woodard, Lawrence, & Starling
If you’re facing a legal dispute, contact Daughtry, Woodard, Lawrence, & Starling today. Our experienced commercial litigation attorneys are here to help protect your business interests and guide you through the legal process. Reach out for a consultation and take the first step toward resolving your case.
