When it comes to taking the necessary steps to protect your business or brand, a cease and desist letter may be just what you need. While the process can be intricate and complex, understanding why and when you can send a cease and desist letter can help you protect yourself and your business. This article will provide you with the fundamentals of a legal cease and desist, some best practices, and where you may find an Los Angeles based lawyer who can help you with the process.

A cease and desist letter is a legal document meant to stop (or “cease”) a particular action or conduct (“desist”). This action can include activities such as cease and desist harassment, cease and desist copyright infringement, or cease and desist intellectual property violations. In essence, the recipient of a cease and desist letter is expected to immediately stop the affected behavior and refrain from repeating the offense in the future courts refer to this as “injunctive relief”.

Firstly, let’s start with a few basics about cease and desist letters and their related topics. A cease and desist letter should be sent when you, as the sender, are unhappy with the targeted recipient’s behavior and intend to end it. In the case of cease and desist harassment, the most common violations are verbal or written communication that:

- Demeans or threatens

- Is aims to scare

- Causes emotional trauma

In the case of copyright infringement, the violation can take many forms. It’s important to note that infringement of someone else’s copyright can include activities such as:

- Duplicating a portion of an artistic work

- Copying a piece of writing

- Copying or creating a music piece with the same melodies

- Claiming to be the original author or creator

Regarding cease and desist intellectual property violations, these issues involve trademark and service marks. The most common types of violation include using a trademark or service mark without permission or approval, and counterfeiting of a trademark or service mark.

In addition to understanding why and when to send a cease and desist letter, it’s important to understand how it works. In legal terms, a cease and desist letter is a formal request to the recipient to cease the target activity and refrain from repeating it in the future. A stop and desist letter is not a lawsuit or a fine, and the recipient is not under obligation to follow the request in the letter. Above all else, cease and desist letters are intended to warn a recipient that legal action may be taken should the behavior persist.

When sending a cease and desist letter, sender should include information such as who the letter is from, to whom the letter is sent, a summary of the relevant issue, the legal argument for why the targeted behavior is wrong, and what you as the sender demand. It’s essential to understand that the language used in the letter may be unique depending on the issue at hand, so seeking the assistance of a Los Angeles based lawyer may be crucial.

When specifically looking for counsel that understand local regulation, UpCounsel is the place to go. UpCounsel provides clients with access to high quality attorneys that have an impressive average of 14 years of experience. You’ll also benefit from being able to see profiles of our online attorneys, which display ratings and reviews of their recent work. Whether you need a one-time consult or an entire freelance legal department, UpCounsel’s network has you covered.

Learning about cease and desist letters and cases as well as understanding why and when to send them is essential in protecting yourself and your brand. Utilizing UpCounsel’s network of experienced legal professionals can be a massive help in aiding you through the cease and desist process, but more broadly, UpCounsel can also help you with all your business legal needs from suing to getting sued.

Topics:

Cease and Desist,

Los Angeles,

UpCounsel