What is a Cease & Desist Letter?

C&D letters accuse you of doing something improper or unlawful, and demand that you stop the unlawful conduct. Such letters are often related to infringement of intellectual property, such as copyrights, trademarks, or patents. However, they can also be related to contract situations, defamation claims, and many other civil causes of action.

What do you do if you receive a Cease & Desist Letter?

Keep in mind that an attorney’s expertise can assist you in every aspect of your response/next steps regarding the letter.

What are the facts surrounding the allegation?  A C&D letter will likely provide some factual context for any allegations. Investigate the accuracy and begin compiling your own set of facts.  If the letter contains no such facts, then request them from the other party or their attorney.

What is the work you are allegedly infringing?  The C&D letter will usually contain a copy of, or a specific reference to, the other party’s work. How similar is it to your work? Have you seen this work before?

Save relevant information. You cannot destroy any information relevant to the claims asserted in the C&D letter. Courts take this matter very seriously.

What are your defenses? After reviewing the other party’s work and the factual context of the allegations, you can begin brainstorming available defenses. Depending on the factual context or the relationship you have with the other party, you may also have certain counterclaims against the other party. Again, an attorney can help you decide what rights of yours may have been violated.

What is your exposure? If you believe you are vulnerable to litigation, then you should assess what your potential damages might be.

For more information on C&D letters in regard to patent infringement, please see our blog.