Should i ignore a cease and desist

In some circumstances, it is better to just comply with any demands where the request is minor and will not disrupt your business. Otherwise, litigation may be pursued by the other party which is costly and more risky. Hence, if it is an obvious infringement and can easily be resolved then it is likely more beneficial to comply with the terms of the demand. You are under no obligation to respond to a cease and desist letter as it is not a legal instrument.

Allegations made in these letters do not always have merit as the issuing party may be bluffing in an attempt to simply coerce you into complying with their demands.

However, ignoring the letter may lead to further problems and is not the preferred response. It is useful to engage with a lawyer to help assess the situation and determine whether ignoring the letter is an appropriate response.

Indeed, if you and your lawyer believe it is a bogus and meritless claim, it is sufficient to ignore the demand. The final option is to obviously respond to the letter. A response can be drafted to either accept, deny or create a defence to the claims being made. The response will rest on the facts. Indeed, when deciding to respond to a letter the utmost care must be taken as high risks can be associated with how you respond.

Remember it is within your rights to defend yourself where you believe you have not done anything wrong. You can mount a defence to which either aims to deny the accusations or negotiate to settle the claims. Ben-Dov, David J. Benjamin, Robert R. Bermudez, Brittany Berneman, Beverly A. Bott, Maritess T. Chipman, James W. Christie, Margaret A. Gisch, Margaret A. Golan, Stephen L.

Golan, Brianna L. Hardenbergh, Jennifer R. Lederer, Caren A. Meisler, Liat R. Mkrdichian, Joy A. Morton, Jonathan D. Orler, Ashley L. Oswald, Katherine M. Rosenberg, Steven J. Rotman, Benjamin D. Rubin, Donald T. Saltiel, David M. Samz, Derek D.

Siedlarczyk, Nichole M. Siegal, Barry P. Smigielski, Laurie I. Taglia, Anthony R. Tryzbiak, Ryan Williams, Andrew S. A cease and desist letter is not legally binding, although it is a formal step that may be followed by a lawsuit if the recipient ignores it. A cease and desist order and a cease and desist letter require different responses from the recipient.

Neither can be ignored. A cease and desist order places an injunction on a company or an individual prohibiting an activity that has been deemed suspicious. It typically takes the form of a temporary injunction that will remain in place until the issue is legally resolved. One possible income is a permanent injunction. Whether temporary or permanent, a cease and desist order is legally binding. Such an order is issued by a government agency or court when it has been convinced that there is reason to believe that illegal or harmful activity is taking place.

A cease and desist letter is not legally binding and reflects the opinion of an individual, typically an attorney. A cease and desist letter may serve to warn an offender that legal action may take place if they don't stop the activity. The offender is generally given a set time frame—usually 10 to 15 days—to cease and desist. A cease and desist letter must comply with laws in the jurisdiction in which it is sent. In addition, the American Bar Association ABA Model Rules of Professional Conduct dictate that a lawyer "shall not present, participate in presenting, or threaten to present a criminal charge solely to obtain an advantage in a civil matter.

Cease and desist letters often require a signature upon delivery. The letter is typically sent with a return receipt requested, although this is not required. These rules prevent attorneys from presenting—or participating in—threats or issuing criminal charges in order to gain an advantage in a civil case. Three preconditions usually must be met before an attorney may raise the prospect of charges without violating the professional conduct code.

Anyone can send a cease and desist letter. An attorney does not have to be involved. However, an attorney can advise complainants on whether their rights have been violated and if they have legal and meritorious rights to send a cease and desist letter.

The attorney also knows the correct language to use. A restraining order is a type of cease and desist order that may be issued to a person accused of stalking or intimidation. There are four unlawful activities that are most often addressed with cease and desist orders or letters: misuse of intellectual property , harassment, character defamation and libel, and contract violations, including unfair labor practices or unfair compensation.

Remember that, while anyone can write a cease and desist letter, a cease and desist order must be issued by a court or other entity with the legal right to do so. If you are served with a cease and desist document, examine it carefully—with legal advice, if necessary—to determine who sent it and what legal status and validity it has. Someone who duplicates work that is under trademark, copyright, or patent without permission is likely to receive a cease and desist letter or order.

For example, a website publisher who plagiarizes content or images from another website without arranging for rights to republish the content risks copyright infringement charges and may be served with a cease and desist. If an accusation gets to court, the cease and desist letter serves as proof that the recipient was aware of the alleged misconduct.

A person who repeatedly pesters or threatens another person can be sent a cease and desist letter as a warning. A debt collector who consistently and frequently calls a debtor may be sent a cease and desist letter. In more egregious cases a cease and desist order may be sought and issued.

A restraining order is a special type of cease and desist order used in cases of stalking or intimidation. The definition and rules regarding stalking vary by state. It is illegal to make untruthful comments about another person that could be harmful to their reputation and business, whether in print or verbally.

An individual who engages in such behavior should not be surprised to receive a cease and desist letter. For example, an individual who spreads a false rumor that a fast-food chain's burgers are mostly made of ground-up bugs may be issued a cease and desist letter—or even a cease and desist order—since their lies may damage the business. A party violating the terms of a contract may be issued a cease and desist letter or order.

In the hedge fund sector, for example, employees are usually required to sign a non-compete agreement.