A cease-and-desist letter is meant to warn other individuals or businesses to stop performing their harmful or intrusive actions. These letters can also threaten the other party with legal action if they don’t comply with your demands. You may be operating your business as usual until you receive a cease-and-desist letter in the mail. As overwhelming as this situation can be, you can ask for help from a Colorado cease-and-desist lawyer who can represent you.
Understanding Cease-and-Desist Letters
Cease-and-desist letters are usually sent by former employers, claiming an employee is violating another agreement. Another situation where a cease-and-desist letter may be sent is when another party is using someone’s intellectual property without permission.
There are typically five pieces of a cease-and-desist letter, including:
- Identification of the parties involved in the situation
- A description of the actions performed
- A formal request to cease action
- A warning of the potential penalties for not complying
- The time limit the other party has to comply and cease actions
Even if you receive a letter that doesn’t have all of the aforementioned components, you should still take the threat seriously. Cease-and-desist letters are meant to warn you that what you’re doing could lead to significant consequences, although there are cases where a letter is fraudulent. If you neglect to take action after receiving a letter, the other party could proceed with legal action. No matter your situation, you need the help of a qualified cease-and-desist lawyer.
Receiving the Letter
If you or your business has received a cease-and-desist letter, your first priority is to contact legal representation. There are multiple reasons for doing this, but the primary reason is so your legal representation can verify the letter’s authenticity. They can also evaluate the situation and determine if you truly have violated the terms outlined in the letter. Some businesses forgo hiring a lawyer, which could force them to stop doing actions that were never illegal or immoral.
Once you’ve contacted a lawyer, you should create a response to the cease-and-desist letter. It is vital to remain calm and professional, and responding carelessly or harshly could escalate the situation. If the letter is based on unsupported arguments, you should definitely consider speaking with a qualified lawyer who can determine how to proceed.
Your lawyer may advise you to ask the other party to provide further information about the supposed violation if any element of the letter is unclear. You may be advised to comply with the letter’s demands if you are indeed doing something that’s violating intellectual property, even unknowingly. Other options include filing a preemptive lawsuit or a summary judgment, which involves having a judge rule on the situation.
In any situation, it is considered risky to defend yourself without legal assistance in any legal matter. Cease-and-desist letters could be used as evidence by another party if you ignore the warning, but if the letter isn’t properly substantiated, you need someone who can properly identify this. No matter your circumstances, it is vital to have knowledgeable legal aid after you’ve received a cease-and-desist.
FAQs
Q: How Do I File a Cease-and-Desist in Colorado?
A: To properly file a letter, you must speak with a lawyer who can first review all necessary evidence. Then, you can clearly outline what the party in question is violating and request they cease their actions. You should send it via certified mail with a return receipt so you can know for sure if the other party received the letter. Sending a letter without checking for relevant evidence or without requesting a return receipt could complicate your situation.
Q: What Justifies a Cease-and-Desist Letter?
A: Cease-and-desist letters are usually sent if another party is violating your intellectual property rights, including copyright and trademark rights. These letters can also be created if another party is slandering or harassing you or your business. The idea behind these letters is to warn other parties that if they don’t comply with your request, you could take legal action to defend yourself. If you can support your claims with evidence, you may be justified in sending the letter.
Q: Can I Personally Send a Cease-and-Desist Letter?
A: Yes, you can legally send a personal cease-and-desist letter to another party. However, it is recommended you speak with a lawyer before sending a letter or immediately after receiving one. In doing so, you can ensure your letter is professionally written and doesn’t lead to more aggressive consequences. This also allows your lawyer to gather and submit appropriate evidence so your claims are supported. While you can personally send a letter, be sure your legal team reviews it first.
Q: How Much Does It Cost to Submit a Cease-and-Desist letter?
A: There is no set cost for submitting a cease-and-desist letter, as this depends on the legal representation you hire to assist you. You could spend anywhere from $500 to $2,000 to create and send a cease-and-desist letter. This is because your lawyer is responsible for gathering appropriate evidence to support your claims, writing the letter in a professional way, and helping you determine how to proceed.
Hire a Cease-and-Desist Lawyer Today
Cease-and-desist letters can be distressing, especially if you feel you haven’t violated any laws. Some businesses unknowingly violate intellectual property laws without any intention of causing harm. It can be daunting to realize you’ve been given a cease-and-desist letter, but the important part is to remain calm and contact legal assistance immediately. If you operate a business throughout Colorado, we can help.
Our team at Four Reasons Legal is committed to drafting high-quality cease-and-desist letters against other parties, as well as defending other parties who have received letters. We gather appropriate evidence that can be used to support your claims, and if the letter you’ve received is based on unsubstantiated claims, we can help you determine how to move forward. To learn more about what we can do for you, contact our team today.
