Intellectual Property Law

Intellectual Property Law Questions? Ask a Lawyer

Ask a Lawyer, Get an Answer ASAP!

What is a Cease and Desist?

Cease and desist is a type of order or request to stop an activity, now and in the future, or face legal action. The recipient of the cease and desist may be a business or an individual. In the United States, this can be used as, either an order that can be issued by a judge or government authority and is well defined legally or a letter can be sent by anyone but in most cases are drafted by a lawyer.

How long does a person have to respond to a cease and desist letter?

In most cases, a cease and desist letter is more for notice purposes and the time frame is written in the letter. This will show that the person is operating in good faith.

Is a cease and desist letter valid for a word that is not trademarked?

If the person has the right to use the word, he/she would need to at least respond to the letter stating that there is no trademark on the word and that the person has the right to use the word if they so choose. To really give the letter a stronger effect, hire an attorney to draft and send the letter.

What should a person do if they receive a cease a desist letter to stop using a name they have used before a trademark was filed on it?

The person would need to file an objection to the other person’s trademark application through the USPTO by writing a letter and providing the proof that the person used the name prior to the trademark. The person would also need to send the other person a letter stating that they have used the name in commerce before and as such have acquired a common law trademark and an objection has been filed.

How to write a cease and desist letter?

The following link will show a sample of a cease and desist letter http://www.free-legal-document.com/copyright-cease-and-desist.html.

Can a person send a cease and desist and a final demand letter to stop using a website that was created until payment is made?

Since copyright is established upon creation of the work, the person who made and created the website has copyright protection until he/she signs their rights away to the product. The idea of writing a cease and desist and final demand letter is a good one and will help with the facts if this is taken to court. Also, the person should try and keep all emails and communications regarding the situation to show proof if needed. 

Please type your question in the field below

3 verified IP Lawyers are online now

IP Lawyers on JustAnswer are verified through an extensive 8-step process including screening of licenses, certifications, education and/or employment. Learn more

Online
Alex Reese

Lawyer

JD

★★★★★
3106 positive reviews
Online
Robert McEwen, Esq.

Lawyer

Doctoral Degree

★★★★★
829 positive reviews
Online
Dimitry K., Esq.

Attorney

Doctoral Degree

★★★★★
561 positive reviews
See all IP Lawyers
JustAnswer in the news:
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
Web sites like justanswer.com/legal
...leave nothing to chance.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.