Trademarks: Cease & Desist Letters

If you determine it is necessary to send a cease and desist letter, it should be drafted carefully by one of our intellectual property attorneys. The goal is for the letter to get the infringer to voluntarily stop using the mark illegally, but in some cases, sending a cease and desist demand can backfire. A small business owner should never attempt to send a cease and desist letter without seeking professional advice. Including the wrong information in the letter or sending a demand when one is not necessary can lead to big trouble for your business.

A common mistake occurs when two companies have the same legal name. This is allowed as long as they sell different products or services. This simple misunderstanding can lead to an unwarranted cease and desist letter or even litigation. Thus, you should retain an attorney to verify that the action you are going to take is appropriate.

The tone of the letter is also important, because a typical cease and desist letter provides legal notice that legal action may be taken if the conduct in question continues. Thus, a small business owner who cannot afford to file a lawsuit should not send a letter that will provoke the other party into filing a lawsuit against him or her.

If you are interested in learning more about sending a cease and desist letter or how we can assist you with your business-related needs, contact the knowledgeable lawyers at The Swenson Law Firm to schedule an appointment.

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