If you’re in business long enough, you’re going to end up in a business dispute with someone – somewhere.
Maybe you spot another company making unauthorized use of your copyrighted material or using a trademark or logo that’s suspiciously similar to yours – or maybe it’s an issue of a former employee violating their non-solicitation clause by trying to court some of your key employees.
In situations like those (and others), a cease-and-desist letter might be your first course of action. This is a formal request for an individual or organization to stop an allegedly illegal activity and refrain from repeating it. It often includes a formal warning that failure to comply may result in legal action.
Why start with a cease-and-desist notice?
It’s always easier, faster and less expensive to resolve a problem without litigation, so consider the cease-and-desist letter a “shot across the bow” in warning to the offending party. A well-crafted letter gives them a chance to make voluntary corrections, and that can help them limit damage to their reputation and avoid an ill-considered lawsuit.
You also can use a cease-and-desist letter to start building your case. It’s part of a paper trail that you can find invaluable if the issue does move to litigation in the future. It’s evidence that the offending party was clearly made aware of the issue and that you exercised due diligence in protecting your interests.
Ultimately, the letter may serve as the catalyst for negotiations – and that can lead to mutually acceptable solutions. It also conveys to the recipient that you are very serious about preserving your rights and fully willing to take legal action – if that’s what’s necessary. Speaking with an experienced attorney can help you craft the most effective letter possible.