This is legal terminology that often strikes the very core of our business world. Demand letters relating to the alleged infringement of intellectual property rights are often referred to as “cease and desist letters”. Be that as it may, let it be clear that the term wrestles with some other non-business matters as well. For the purposes of our discussion, the meaning and the implication of the term is simplified as follows:
Cease and Desist letter made it easy to understand
Our daily lives among many other things are affected by the conduct we are experiencing and the interactions we have with people. We regulate and accept conducts that are aligned with our interests. So, when we see conduct that is unacceptable to our principles/rights, our natural tendency is to see that unacceptable conduct to stop IMMEDIATELY.
This is where the cease and desist letter becomes both meaningful and mechanical. You are basically putting the other party on notice that the type of conduct you are seeing in them ought to be stopped and you really mean it!
Why Cease and Desist letter is my first step?
The law of good faith requires the members of society to exhaust all measures they can to avoid a court battle. The cease and desist letter may be your first step and the cheapest one that you could do through your lawyer when you desire to see unacceptable conduct stop. No matter how much you feel justified, and how absolute you see the other party at fault, you need to do this before even thinking to pick up a fight with someone to safeguard your rights.
What are the areas covered by the Cease and Desist letter?
In general, the scope is pretty wide. It can be used to stop someone from defaming you or someone who you deem breaks the law to the disinterest of your business, or someone who breaches the rules of commerce. So yes, it covers both your personal and business life.
How effective is a cease and desist letter?
It all depends on the circumstances and there are many variables involved that can make a cease and desist letter effective or non-effective at all. But, the good news is that it works in most circumstances, and here is the prime reason; When you demand your rights, you are demanding this with reason and essentially you are telling the other party that stopping the non-acceptable conduct right now is not only for your own good but also for the other party to avoid unnecessary hassles and litigation costs. In other words, you are telling them quite nicely that if they stop now, you may not seek any penalty, but if they don’t, you will do so at their peril.
How could I opt to have this letter issued?
No matter how frustrated and upset you may be, my recommendation is not to panic and stay cool. Anger defeats any rational decision-making process. Take the letter or proof of what you consider an infringement of your rights to your lawyer and let him/her advise you as to how to construct a good cease and desist letter and always stay positive and energized.
Disclaimer (irritating yet important!): The information on this page is general information only and must not be relied on as legal advice.
To speak with an experienced lawyer, please contact us on 1800 217 217.
Article Source: Cease and Desist letters
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