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Cease-and-desist letters for trademark infringement

On Behalf of | May 31, 2024 | Trademarks and Copyrights

A cease-and-desist letter is a formal legal document that demands the recipient stop engaging in a specific unlawful or improper activity. These letters are commonly used in response to trademark or copyright infringement, but can also address issues such as defamation and harassment.

The purpose of a cease-and-desist letter

The primary goal of a cease-and-desist letter is to halt illegal or inappropriate conduct. The letter serves as an official notification from the sender, often indicating that failure to comply could lead to legal consequences. This warning can be sufficient to prompt the recipient to cease their activities or enter into negotiations to seek a mutually acceptable resolution.

Cease-and-desist letters in trademark protection

In trademark protection, a cease-and-desist letter is a critical tool. It notifies the recipient that they are infringing on a trademark and demands that they stop using the trademark immediately. The letter typically warns that non-compliance will result in a lawsuit to enforce the trademark rights.

The impact of a cease-and-desist letter

Besides stopping unlawful behavior, a cease-and-desist letter can also demand restitution. For instance, if someone uses your trademark to sell their products, the letter can demand that they compensate you for any profits gained through this misuse. This aspect underscores the letter’s role in not only protecting the trademark, but also addressing any financial harm caused by the infringement without the need for litigation.

Drafting a cease-and-desist letter

When drafting a cease-and-desist letter, clarity is essential. The letter should explicitly outline the unlawful behavior, provide a deadline for cessation and detail the potential legal repercussions of non-compliance. It is crucial to ensure that the letter adheres to both New York and federal laws.

Cease and desist letters are vital for enforcing trademark rights. They serve as formal warnings to stop illegal activities and can lead to legal action if ignored.