You receive a cease and desist letter from the court when you have done something wrong or did something that was not supposed to be done. The letter is issued to make you refrain from illegal practices. In some cases, the government issues this letter to discontinue unfair practices.
Table of Contents
- 1 What is Cease and desist letter?
- 2 Main reasons to write cease and desist letter:
- 3 What to include in a cease and desist letter?
- 4 Conclusion:
What is Cease and desist letter?
Cease and desist is a legal order issued by the court or government to a business or an individual. They issue this letter to halt the illegal activity or unfair practice against someone or something. The words ‘Cease’ and ‘Desist’ are verbs meaning to discontinue, stop and bring an end to something. This order bans the person or company from activities that are suspicious as per the Interest Rate Control Act of 1978. Furthermore, there are various reasons to file the cease and desist order.
To stop doing something that is found to be illegal, the cease and desist is the first step to ask an individual or business. In case of trademark infringement, slander, libel, defamation, patent infringement, copyright infringement, and more, this letter may be sent to the party. Some other reasons to include are debt collection, breach of contract, or harassment. Sometimes, for unfair compensation or labor practices, this letter is also issued.
Additionally, the letter must follow the guidelines as per the law. After receiving the letter, the parties are called for a hearing in a court to see whether or not something wrong has happened or not. The party will be punished by the court in case they don’t comply with the cease and desist order. Therefore, it fulfills important requirements and stops illegal practices.
Main reasons to write cease and desist letter:
Here are the most common reasons to write cease and desist letter;
To cease invasion of privacy, stalking, and harassment
Harassment problems are surely tricky to deal with. You have all the right to send a cease and desist letter to the person whom you find harassing you or seeking your attention in unacceptable ways.
In addition to this, filing this letter would indicate them you are seriously offended by what they have done. May be they punished for it. This will also make them realize that as a result of harassing they will suffer the legal costs and fees. When you send this letter, it will provide them a hint that they can be punished and taken to court. You should also check the power of attorney letter.
To stop copyright and trademark infringements
Some bogus companies often try to cheat and infringe trademark of genuine companies. They also copyright of genuine companies and this is considered illegal and is subjected to strict punishment. You can use a cease and desist letter against the people who are infringing your trademark or copyright. This can be a sign of warning for them. It also indicates them that they can be legally punished for what they are doing.
Furthermore, the letter also declares that you can also sue for the damages you have faced along with identifying that you have future or present rights to pursue legal actions due to infringement.
Whether you are a writer or business owner, as a professional you have authority for consent in case your content is being used or your copyrights are required. Cease and desist order is a great step that assist you in getting what is yours. By receiving a succinct cease and desist letter, the other party can literally feel haunt. Since the actual case may take a long time and during this time, your profits may be hurt so a cease and desist letter here is very useful.
To stop the breach of contract
In your contract, some parties try to interfere. This is where you need a cease and desist letter. For instance, you may have an agreement to establish something in area. The company you were in the agreement with begins establishing something else. If you want them to stop quickly, you should send them a cease and desist letter.
To stop slander or libel
Slander or liber are considered the forms of defamation. This indicates that some other party’s words that harms your personal reputation or your lifestyle. Slander is basically the defamation that is verbal by the defendant. On the other hand, libel is the written or published defamatory statement created by someone against you. This can occur among business owners, employees, local people, and more.
Using a cease and desist letter is the best way to deal with this and ask them to stop. It might be a false statement written regarding you. You have to describe the defamation and give logic that is causing damage to you. The reason to write cease and desist letter can be anything that causes damages to you emotionally, monetary, and humiliates you in anyway.
What to include in a cease and desist letter?
The cease and desist letter should include the following necessary information;
- The complete name, address, and phone number of the sender.
- You also have to indicate the name, address of the offending individual as well as the entity to whom the letter is being sent.
- The date
- The reason is the most important aspect you have to mention.
- You have to provide a warning after mentioning the activity that needs to cease and desist. You should be open regarding warning. Also, you have to clearly state what action can be taken if they do not stop that activity.
- To comply with the demand, the warning should be followed by a time limit. Time limit should be assigned as per the nature of the issue.
In conclusion, you have to write a cease and desist letter when an entity and individual use or infringe your registered property. This letter assists you in taking action against them and warn them.regarding the warning