If you discover someone is infringing your intellectual property (IP), perhaps they are using your brand name, logo, slogan or artistic work without your permission, it’s recommended you send them a cease and desist letter. Basically, this letter demands the recipient to stop using your IP now and in the future. However, it’s not a legal requirement
So, is it worth it? Will it achieve what you are hoping?
It can stop the recipient from using your IP
Some business owners fail to perform a thorough search before settling on a business idea, logo, slogan, theme colors and so forth. While this puts them at risk of legal trouble, you can send them a cease and desist letter before taking them to court. Your letter may inform them of the mistake.
Accordingly, they may stop using your IP immediately or negotiate with you to keep using the IP on mutually agreed terms. The letter opening a dialogue between you and the other party can save you from litigation, which, although necessary in some instances, can be costly and time-consuming.
It can serve as evidence
If the recipient of your letter fails to reply and continues using your IP or responds claiming they have a basis for using the IP, you can go to court to protect your rights. The cease and desist letter can come in handy as evidence because it will show you took reasonable steps to safeguard your IP. The responses from the other party can also be used as evidence during the case.
A cease and desist letter can stop another party from violating your IP rights. However, it may also lead to misunderstandings. Obtain adequate information about how to write and serve a cease and desist letter to maximize its benefits.