A cease and desist form is used to notify an individual or a business that they are doing something that they shouldn't be doing. For example, someone is using a song for their podcast intro that you wrote and they did not get permission from you to do so. A cease and desist form is generally mailed out via certified mail with a return receipt requested before a lawsuit is started.
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A cease and desist order is used to stop a certain activity, in this case, trademark infringement. Trademark infringement is when a party is using a registered trademark for another company as their own. This form will serve to formally request that this company or business will cease using the registered trademark.
This order will need to have a substantial amount of information regarding the current trademark infringement. Additional records or documents that demonstrate proof of these activities can be included with the cease and desist request.
Because a cease and desist order can lead to lawsuits or disputes, it is important to have one filled out professionally and accurately. Legal counsel can assist you in completing a trademark infringement cease and desist letter for your company or business.
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A cease and desist letter is a preliminary written warning requesting that the other party stop a certain activity (cease) and not resume it (desist). The sender and recipient of the cease and desist letter can be either individuals or businesses. A completed cease and desist template generally threatens legal repercussions in the event that the activity is not halted immediately.
A cease and desist letter is most often used in cases that involve intellectual property – something that is trademarked, copyrighted or otherwise clearly the property of the offended party. For instance, if one musician is using the work of another for profit without explicit permission, a cease and desist letter might be sent prior to the infringement resulting in a lawsuit.
Although intellectual property is the most common reason that cease and desist letters are sent, it is certainly not the only use for them. A cease and desist template can be used in cases of defamation or slander, harassment by any party or breaching of a contract. The cease and desist letter is a proper and inexpensive step to take before entering complicated litigation.
For parties who want to avoid litigation and stop unlawful activity, a cease and desist form can be located online and filled out to meet the specifications of the situation. In fact, the cease and desist form may be very helpful to individuals without attorneys who feel their intellectual property is being used by another party or who are experiencing another legal breach of their rights.
When filling out a cease and desist template, it’s important to include as much pertinent information as possible. The letter must include your name or the name of your business , as well as the name of the offending party. It must also clearly state a demand that the party cease and certain activity, and why they must do so. The cease and desist letter should also list out the incidents that breached the sender’s rights. For instance, if the song was played for three different audiences, it should list out as much information as possible about those times. The cease and desist letter generally ends with the threat of litigation if the offending activity is not stopped immediately.
Although cease and desist letters are a useful legal tool, they can also be abused by the sender. Every cease and desist letter received by an organization is expensive and can result in a work flow interruption, damaging sales or productivity. For businesses, each cease and desist letter must be carefully reviewed to see whether it holds a significant enough claim to warrant ceasing a certain activity. Because of the interruption cease and desist letters can cause for a business, they are sometimes used to “make life difficult” for competitors. It is important to ensure that your cease and desist letter has merit to strengthen any legal proceeding you may need to initiate later on.
