Intellectual Property Law

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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

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. 

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