Intellectual property (IP) helps to define how businesses are identified and operate. It’s up to each company’s owners to protect relevant IP. For example, seeking patents, registering trademarks, etc. can help to safeguard these valuable assets.
Another way that a company may need to protect the business involves stopping other companies from using their IP. This typically starts with sending an infringing company a cease-and-desist letter.
Purpose of a cease-and-desist letter
A cease-and-desist letter serves multiple purposes: to formally notify the infringer of the alleged violation, to demand that they stop the infringing activity and to outline the potential consequences of continued infringement. It’s used to try to put a stop to trademark violations, patent or copyright infringement, etc.
Components of this letter
A cease-and-desist letter should have several components. It should identify the sender and the recipient, specify the IP rights that have been violated and describe the infringing activity in detail. These letters should also include demands, such as stopping the infringement and set a deadline for compliance. A warning about possible legal action should be included.
Importance of a cease-and-desist letter
A letter isn’t a lawsuit, but it shows that an IP owner is trying to take care of the matter without having to go through the court system. It also provides a clear paper trail that shows the infringing company was made aware of its misconduct. This can become an important component in any IP infringement case filed in the event that an amicable resolution to an infringement situation can’t be reached.
Strategic use and benefits
Sending a cease-and-desist letter can serve as a cost-effective and strategic way to enforce IP rights without immediately resorting to litigation. It’s possible that receiving the letter will be all it takes to get infringement to stop.
Any IP owner who needs to send a cease-and-desist letter should ensure that everything is noted properly and worded in the correct manner. Working with a legal representative who can assist with this can be beneficial, because these matters are often complex.