When you first find out that your intellectual property (IP) has been co-opted by somebody else without your consent, you may be angry and frustrated. Most importantly, you want to make them stop.
Litigation doesn’t have to be your first move. A cease and desist letter, which is a formal way of asserting your rights, can be a valuable tool in an intellectual property dispute for several reasons. Here are some of the key benefits of sending a cease and desist letter in such a situation:
It starts a paper trail
If this issue does move to litigation, you want to be able to demonstrate in court that the other party was aware they were infringing on your intellectual property rights – because you informed them. Your cease and desist letter can outline the specific actions that the infringer must take. Sending a cease and desist letter shows that you took action to protect your IP rights and can serve as evidence of your efforts to resolve the matter amicably.
It may end the dispute
In many cases, the recipient of a cease and desist letter will comply with the demands to avoid legal action. This can put a stop to the infringing activity and protect your IP and your company’s reputation, without the need for expensive and time-consuming litigation.
It can leave room for negotiation
Sometimes, the cease and desist letter can open a channel for negotiation and settlement discussions. The infringer may be willing to discuss a resolution that will allow them to continue using your IP for a fee without court intervention.
The effectiveness of a cease and desist letter depends on various factors, including the strength of your IP rights and the willingness of the alleged infringer to comply. In some cases, the letter may not result in compliance. However, when further legal action is necessary, a cease and desist letter helps pave the way for a successful outcome to your case.