While a lawsuit might be the first thing that comes to mind to right a legal wrong, a cease and desist letter can often be a more strategic first step. This formal written notice demands the recipient stop a specific activity you believe is harmful or unlawful. However, it’s important to understand the legal grounds on which you can base such a letter.
Not a Magic Bullet: Understanding the Scope of Cease and Desist Letters
A cease and desist letter doesn’t guarantee the recipient will comply. It doesn’t hold the same legal weight as a court order. But even if it is not successful, it serves several important purposes nonetheless:
- Formal Notification: The letter puts the recipient on notice that you consider their actions unlawful. This can be crucial for establishing a legal record and potentially strengthening your case if you need to pursue further action.
- Demand for Change: The letter clearly outlines the specific activity you want stopped and sets a deadline for compliance before more formal legal action is taken.
- Potential for Resolution: A well-crafted cease and desist letter should provide a clear path to compliance (i.e. take down the copyrighted image, and never post it again).
Legal Grounds for a Cease and Desist Letter
Legal counsel can work with you to determine if your problem meets the threshold for issuing a cease and desist letter:
- Intellectual Property Infringement: If someone is using your copyrighted material (written works, images, music), patented invention, or trademarked logo without your permission, you can send a cease and desist letter demanding they stop infringing on your intellectual property rights.
- Defamation: If someone is making false and damaging statements about you or your business, a cease and desist letter can demand they retract the statements and potentially issue an apology.
- Unfair Competition: If a competitor is engaging in deceptive or misleading advertising practices that harm your business, a cease and desist letter can demand they stop these practices.
- Breach of Contract: If a party to a contract fails to fulfill their obligations as outlined in the agreement, a cease and desist letter can be used to remind them of their contractual duties and demand they rectify the situation.
- Trespassing: If someone is entering your property without your permission, a cease and desist letter can legally inform them to stop trespassing.
- Harassment: If someone is engaging in repeated unwanted contact or behavior that is interfering with your life, a cease and desist letter can be used to demand they stop harassing you.
A cease and desist letter is designed to stop illegal or harmful activities; it should not be used to intimidate or prevent someone from doing something within their legal rights.
While a cease and desist letter doesn’t guarantee legal action will be taken, it establishes a record of notifying the recipient about the offending activity. The letter should clearly state the specific activity you believe is unlawful and how it violates your rights.
Be prepared to share specifics with legal counsel on the exact nature, dates, and times of the offending actions. The more efficient and thorough your account is, the less wiggle room your target will have in denying or defraying the actions you are demanding they stop.
