Cease and Desist

Overview

A specially drafted letter that requests a business or individual stop doing a specified action and refrain from doing it again in the future, or else a threat of legal action.

What is a cease and dissist letter?

A cease and dissist is a specially drafted letter that requests a business or individual stop doing a specified action and refrain from doing it again in the future, or else a threat of legal action. An expertly drafted cease and dissist is often enough to stop an offending party from infringing your intellectual property rights further.

What does a cease and dissist letter cover?

This letter cover the details of the breach of your intellectual property rights, includes an order to stop and a threat of legal action should the offending party continue. Amonst the information are details of the IP (copyright, trademark or other specified), details of the breach, order to cease the infringment, order to deliver up or destroy all infringing materials (where applicable), undertaking to stop further infringement, offer to licence (if applicable), and a threat of legal action.

When should I use a cease and dissist letter?

You should use a cease and dissist letter when you own an intellectual property such as a copyright, trademark, patent, design right or other confidential information, that is being used or profited on without you consent. You will then have proof that you tried before resorting to the legal system if the offender does not stop and issue legal proceedings.

Do I need a cease and dissist letter?

A cease and dissist letter is often enough to stop an offender from infringing on your intellectual property. If you own an intellectual property and want to protect it from being used, misused, profited from or otherwise without consent, then a cease and dissist letter should be your first action.

Further information

A reasonable deadline should be given to the offender to stop, comply and take any other specified action (such as destroy infringing works) upon receiveing a cease and dissist letter.

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