If you feel that someone is harassing you or has infringed on your rights then a cease and desist letter is a formal step to notify the offending party. These are typically used when it comes to copyright or intellectual property issues, but there are other situations where one is appropriate. The letters serve as an initial warning and do not carry legal action along with them. However, this does not mean presenting one is unimportant. It is essential to know how to serve a cease and desist letter in order for it to be effective.
Think Before You Write
Your goal should be to get them to stop what they are doing without escalating it further. A lawsuit may seem like a good idea initially, but the process can get expensive and public for all. This is why understanding what not to do is critical.
- Be clear. Spell out exactly what the person has done to offend or violate.
- Be professional. The other party may not take you seriously if you use crude language or intimidation techniques.
- Don’t threaten. If you say you’re going to do something and aren’t prepared to back it up, then they may call your bluff and not respond when you don’t act.
A cease and desist letter should not be taken lightly by either party. Knowing how to write one effectively is key to reaching a resolution without entering the legal system.