Patent Infringement: Many patent disputes are resolved through a licensing arrangement where the patent holder can get paid for an infringer’s use of patented technology.In these situations, a trademark holder may feel compelled to send a cease and desist letter for no other reason than to have a record of them voicing their objection to the infringing use, even if they have no intention of pursuing the matter further. Trademark Infringement: In the trademark context, some jurisdictions penalize a trademark holder for filing to “police” its mark by objecting to infringing uses.

But there are numerous other practice-specific reasons to send such a letter. In some cases, the issue may be minor enough that the client would never think of actually filing a lawsuit, but they nonetheless are willing to try to get the problem resolved through a letter. While such letters are not always successful, in the cases where they are successful, a client can save thousands of dollars in legal fees if the infringement or other offending conduct is stopped by the sending of a simple letter, as compared with the cost and complexity of filing a lawsuit. Our attorneys have extensive experience handling cases like these, listening to our clients’ needs to strategize the best approach in handling whatever complex issue they are facing. If someone has been wronged or believes they have suffered an infringement of their intellectual property, most attorneys will advise their clients to send such a letter before taking formal legal action by filing a lawsuit. The most common reason someone sends a cease and desist letter is simple efficiency: a letter is simpler and cheaper than a lawsuit. Occasionally the letter will also demand payment of some settlement amount, or it may request the production of certain documents or information. Such letters are often sent by someone alleging copyright infringement, trademark infringement, or patent infringement, but they can also be used in breach of contract situations, defamation claims, and many other civil causes of action. Receiving a “cease and desist” letter from a lawyer can be stressful and sometimes confusing, and it’s not always clear whether and how a person should respond.Ī “cease and desist” letter or “demand” letter is a letter, usually from an attorney, that accuses you of doing something improper or unlawful and demands that you stop (or “cease and desist”) the unlawful conduct.

Cease and desist letter