A cease and desist harassment letter is a written document that demands the recipient stop a certain behavior immediately. This behavior is constituted as harassment in some way. Examples of harassment include, but may not be limited to, repeated phone calls, text messages, electronic messages of any kind, and oral exchanges. These remarks, regardless of their form, are usually combative or threatening in nature. This letter should include what may happen if the recipient does not put an end to their behavior. The sender should keep a copy of this letter and, if possible, mail the original using certified mail with a return receipt requested. If a lawsuit eventually arises, a copy of the letter and the proof of mailing may become instrumental in proving the claim of harassment.
A cease and desist order is used to stop a certain behavior or 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.
Cease and desist letters are also referred to as Cease and Desist Forms, Cease and Desist Letters, and Stop Harassment Letters.
It is important to note that a cease and desist letter differs from a cease and desist order, and the main difference is in terms of legality. A cease and desist letter is just that, a letter, which has almost no legal weight. A cease and desist order, however, does carry legal standing that must be adhered to, otherwise, the defendant can face legal repercussions. Cease and desist orders are generated by the court and serve as a temporary injunction until a trial can be held. A permanent injunction may be ordered at the conclusion of the trial.
A cease and desist harassment letter confronts the harasser, letting them know that they must immediately put an end to their behavior. Harassment can include intimidation, showing up to one's home or workplace uninvited, and using tactics to publicly embarrass an individual.
A cease and desist can be used for many varying reasons. See below for some of the most common reasons why one would send a cease and desist.
Lawyers are bound to a specific code of conduct which prevents them from participating or presenting the issuing of criminal charges to gain advantage in a civil case, such as a cease and desist case. This code (the ABA Model Rules of Professional Conduct) states that three preconditions must be met in order for an attorney to proceed to raise the prospect of charges without violating this code.
Sending a cease and desist notice is no light matter. Sending such a notice under the wrong circumstances, or issuing threats in such a notice can lead to legal trouble for the sender, resulting in possible extortion, blackmail, or other criminal charges. If the notice turns out to be false, the receiving party can sue for damages, stating that the cease and desist notice is, in itself, defamation.
Though the legal jargon of each case and desist may vary, the core components are fairly the same. The different components are as follows:
You should send a cease and desist notice when you want to issue a formal warning to a person or entity who you wish to stop certain behavior. Cease and desist notices often compel violators, infringers, or harassers to stop their activity, and greatly increases the likelihood that formal legal proceedings will not be necessary. However, it is important that you have clear, legal evidence that this business, person, or entity is violating civil law before you send a cease and desist, as "jumping the gun" or sending a baseless cease and desist can open you up to legal repercussions.
Cease and desist letters are not always necessary. Many times, if someone is infringing on a copyright or trademark, or encroaching on someone’s property, an informal conversation is all that is needed to put an end to the conflict. However, when the person does not stop the infringement or encroachment, a cease and desist is often the first step when moving toward legal action against them. Oftentimes, a cease and desist notice ends the conflict, however, if it is not successful, it serves as a formal notice letting the recipient know of potential legal proceedings against them, adding weight to their further disregard for infringement or other legal violation.
Though a cease and desist letter carries virtually no legal weight on its own, it fulfills a very important step of the legal process by serving as a formal establishment that the violator has been properly notified. The recipient can no longer say that they were unaware of their violation.
Absolutely. Civil suits do not require cease and desist notices to proceed, however, they are extremely beneficial. Cease and desist notices can initiate efforts to settle the matter without proceeding to court, which not only saves time but also saves money in terms of legal counsel and court fees. Additionally, cease and desist notices also officially act as the first formal step to notify the violator that they are doing something wrong. It is difficult to sue someone for something that they didn’t know they were doing wrong.
You do not necessarily need a lawyer or use legal services to create a cease and desist letter. With the proper online template or guidelines, you can create a strong cease and desist letter. However, if you wish to send a cease and desist order, which is issued by the court, you’ll need to file a lawsuit or take other court action so that the document may be officially sent to the person. This step is often taken if you’ve already sent your own cease and desist letter but have received no response and seen no change in the recipient's behavior.
Yes. The ABA Model Code of Professional Conduct forbids attorneys from threatening, presenting, or participating in any criminal charge in order to benefit in a civil case. Furthermore, attorneys are forbidden from pursuing frivolous claims or fraud. If your attorney refuses to write a cease and desist letter on your behalf, this is a red flag that your case may not have a firm legal backing.
If you've received a cease and desist letter, the first thing you should do is determine if the letter is authentic. Check for legal wording or phrases, legal citations, or an official logo or stationary from a real law firm. Additionally, check for signatures on the letter. Furthermore, check to see if the letter has been sent on behalf of an individual, or on behalf of a company. These factors help to determine both the weight and the validity of the document.
Such important documents should not be sent via standard mail; they should always be sent in a method where the delivery can be traced. A courier service is recommended where the recipient must sign upon receipt, or via certified mail with return receipt, both of which provide delivery confirmation, proving that someone received and signed for the documents receipt.
Responding to a cease and desist letter requires a legal need that you do not want to take lightly or attempt to respond to without legal representation. Writing a response on your own merit without seeking legal advice is not advised, as any response you send can be used against you in court. On the other hand, if your lawyer submits a response letter, it is considered part of the settlement negotiation process and is inadmissible as evidence in court. Additionally, having your lawyer submit a response affords you maximum protection, while potentially avoiding court.
Writing a cease and desist letter without the guidance of legal counsel poses many risks that are completely avoidable. When dealing with such a sensitive issue, it is always best to seek the counsel of an experienced lawyer to ensure that you are properly protected. Similarly, if you receive a cease and desist letter, having a lawyer by your side minimizes your vulnerability and can potentially avoid additional court costs.
Additionally, here are a few more resources to file a charge against someone for sexual harassment:
Sexual Harassment -- According to the Equal Employment Opportunity Commission (EEOC), the United States government allows a timeframe of 180 days after an incident to file a charge.
Sexual harassment is a form of sexual discrimination that directly violates Title VII of the Civil Rights Act of 1964. A full list of facts, according to the EEOC, can be found here.
