A successful lawsuit would legally require that the defendant stop and that they potentially pay damages. But the letter doesn’t necessarily guarantee the recipient can be sued. It’s a heads-up warning that they might be. This type of letter is commonly associated with copyright violations. An artist might have rights to a certain song they created, prohibiting anyone else from recording it without compensating the original artist/creator of the work. But a cease and desist letter can come into play with many other types of actions as well.
Examples of Cease and Desist Letters
Cease and desist letters commonly protect trademarks, copyrights, and patents, but they can also issue warnings against slander, libel, or other types of actions. Here’s an example. Say you just rented the penthouse of your dreams. You’re a night owl, and you like your music. You might receive a cease and desist letter from your landlord if they receive complaints about your loud behavior in the wee hours. Stop with the music other than during reasonable hours or your landlord will file an eviction action against you in court. Most trademarks—such as McDonald’s golden arches—typically are registered with the United States Patent and Trademark Office (USPTO). This establishes a clear legal right to ownership. You might receive a cease and desist letter from McDonald’s if you install an identical version of those arches over your corner hamburger joint. The Federal Trade Commission issued cease and desist demand letters to 21 advertisers in late 2021, warning them to stop claiming that their products could prevent or cure COVID-19 when there was no evidence or research to support their assertions.
Cease and Desist Letter vs. Cease and Desist Order
A cease and desist letter might or might not result in a cease and desist order.
Information regarding the trademark, copyright, or other existing legal protection: This might include a lease that prohibits loud noises, such as in the example regarding late-night music. It would include the copyright or trademark number in other cases, as well as identifying information about the owner and what the recipient of the latter has done to violate that protection.Evidence of the infringement: This might include drawings, diagrams, or other substantiation of the similarities between a protected material and the infringer’s product or actions.Demand: The letter should include a clearcut demand that the behavior or action should stop, and cite a specific deadline. It should demand a written response to the allegations indicating that the behavior has or will be stopped.Warning: The letter should clearly state that its issuer can and will take legal action if the behavior or violation doesn’t stop. It might also include any monetary fines or penalties that could result from a lawsuit.Associated parties: Send copies to any associated individuals or companies that might potentially be brought into a subsequent lawsuit, such as a newspaper that ran an advertisement that included an image of your hamburger joint’s golden arches.
There’s typically no deadline by which the offended party must send a cease and desist letter, but an inordinate delay could weaken your case.
