Do I have to respond to a cease and desist letter?

Cease and desist letters put the receiving party on notice of a potential dispute, typically an intellectual property dispute. You are not legally obligated to respond or take the requested action after receiving a cease desist letter, but there may be consequences if you don’t.

What happens if you refuse a cease and desist letter?

If you ignore it, the attorney who sent the letter will eventually file a lawsuit in federal court against you for trademark infringement and/or copyright infringement. This action may not happen right away. You might even think you are out of danger.

What should I do if I receive a cease and desist letter?

The first thing to remember when you’ve received a cease and desist letter, or any other threatening letter from a lawyer: Don’t panic. You’ve developed your business to the point that you’ve ended up on someone’s radar. These things happen. The important thing now is to weigh your options and figure out how to respond.

Are cease and desist letters the most common legal action?

But the truth is, cease and desist letters are among the most common first step taken in many legal battles. In 2014, one German law firm handled over 35 thousand cease and desist letters alone.

Can I file a civil suit without writing and sending a cease and desist?

Yes, you can file a civil suit without writing and sending a cease and desist. However, issuing the notice has benefits. First, it can begin negotiations to settle the matter without a court battle. Second, it puts the defendant on notice. It’s more difficult to sue someone for doing something wrong,…

How many cease and desist letters does a German law firm handle?

In 2014, one German law firm handled over 35 thousand cease and desist letters alone. But it’s not something you should freak out about just yet. The University of San Francisco Law Review says that less than 3 percent of legal battles actually wind up in a courtroom.