Why a Cease and Desist Letter is Often the First Step to Stop IP Infringement
If your company’s intellectual property (IP) rights were breached, you can take legal action. As a general rule, the first step is not to go to court. For most cases, a cease and desist letter can be a powerful tool for addressing copyright, trademark, or patent infringement. Here, our Florida cease and desist attorney explains why it is such a strong initial option to challenge IP infringement.
A Cease and Desist Letter Provides Immediate Notice of the Infringement
Notice matters in intellectual property (IP) infringement cases. A cease and desist letter serves a direct purpose. It puts the alleged infringer on formal notice that a rights holder believes unlawful conduct is occurring. In intellectual property law, that notice can matter a great deal. Many infringers claim ignorance at the outset. That ignorance may or may not be legitimate. For example, a business may say it did not realize a trademark was registered. That may or may not be true. However, once a cease and desist letter is received, a business can no longer truly claim ignorance.
IP Law Tip: A cease and desist letter should be clear and to the point. Among other things, it should identify the intellectual property rights at issue, explain the conduct that allegedly violates the law, and demand that the unlawful activity stop. As part of the letter, you may want to include supporting details such as trademark registration numbers, copyright ownership records, or patent claims to substantiate the rights being asserted.
A Cease and Desist Letter Shows that You are Taking the Matter Seriously
Not every intellectual property owner actively enforces its rights. In fact, some companies tolerate limited infringement because they believe the cost of enforcement outweighs the benefits. Others worry that aggressive enforcement could trigger expensive litigation. Sending a professionally drafted cease and desist letter sends a very different and very clear message. It signals that the company is prepared to enforce its intellectual property rights if necessary.
A Cease and Desist Letter Provides an Opportunity for a Non-Litigation Remedy
Similar to other forms of litigation, intellectual property lawsuits can be very expensive. In particular, IP litigation can cost hundreds of thousands of dollars before trial even begins. For that reason, most companies prefer to avoid litigation if possible.
A well drafted cease and desist letter creates an opportunity for an early resolution. In some cases, the alleged infringer simply agrees to stop the challenged conduct. In other cases, the letter starts a negotiation. For example, the parties may even reach a licensing agreement. Alternatively, a trademark dispute might end with a coexistence agreement that defines how each party can use a mark in the marketplace. The right path forward always depends on the specific circumstances.
Contact Our South Florida Cease and Desist Attorney Today
At Perkins Law – Brand Protection, our Florida IP law attorney puts clients first. If you are ready to send a cease and desist letter to stop intellectual property infringement, we are here to help. Contact us today to set up a completely confidential, no obligation case review. Our firm handles intellectual property infringement cases throughout South Florida.
