What happens if you ignore a cease and desist order?
What happens if you ignore a cease and desist order?
The letter is not a court order and on its own is not legally enforceable. Therefore, there are no immediate repercussions to non-compliance. However, if ignored, the recipient risks that the situation will escalate and the sender will start a legal proceeding against them.19 Nov 2021
What happens if you don't answer a cease and desist letter?
If you ignore it, the attorney who sent the letter will eventually file a lawsuit in federal court against you for trademark infringement and/or copyright infringement. This action may not happen right away. You might even think you are out of danger.13 Nov 2020
Do you have to obey a cease and desist letter?
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. Cease and desist letters often require a signature upon delivery.
How do you write a trademark infringement letter?
- Proper Address of Infringing Party.
- Proof of Your Trademark Rights.
- Details of the Infringement.
- Reasonable Time Frame for Infringing Party to Respond.
- Demand for Written Assurance of Compliance.
How do you fight a trademark infringement?
To support a trademark infringement claim in court, a plaintiff must prove that it owns a valid mark, that it has priority (its rights in the mark(s) are "senior" to the defendant's), and that the defendant's mark is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or
Are cease and desist letters legally binding?
You may be wondering, is a cease and desist letter enforceable? The letter is not a court order and on its own is not legally enforceable. Therefore, there are no immediate repercussions to non-compliance.19 Nov 2021