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Our seasoned business attorneys are dedicated to helping companies and entrepreneurs tackle complex vulnerabilities and keep their legal troubles from spiraling out of control. If someone is doing something that is actively harming your business, like using your IP without permission or defaming the business in some way, we can draft a cease-and-desist letter perfectly aligned with your situation. Call us – unlike other firms, we take our calls seriously.Call Now
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When individuals take and interfere with your business, IT’S NOT FAIR AND IT’S NOT RIGHT! Calling Davis Business Law to start the process of maintaining your rights and a fair playing field.
What are your rights? Can’t they say or do whatever they want in marketing? No, no they cannot! Yet, the real answer is murky and difficult to understand. We can provide the clarity as to what your legal rights are!
When a competitor or individual is out to get you, you likely feel alone. Our attorneys are ready to help you fight and keep you supported in this trying time.
What are the major reasons to use a cease-and-desist letter?
For business owners, there are three main reasons to send a cease-and-desist letter: • Stop trademark or copyright infringement • Stop libel or slander • Stop contractual interference
What is a Cease-and-Desist Letter?
A cease and desist letter is not legally binding and reflects the opinion and rights of an individual or entity. A cease-and-desist letter can be used to warn the perpetrator that legal action may be taken if the behavior does not stop, and what if any laws they may be breaking. The letter is most effective when they are given a set time to cease their activities.
Can I write my own Cease and Desist Letter?
Yes, of course, but realize that a cease-and-desist letter must comply with the laws of the jurisdiction in which it is sent. You may not have the attorney ethical rules apply to you and are free to write a stronger and more aggressive letter. However, the wording you use can be used against you, and may require you to take legal action you are not ready or able to pursue.
What did you mean “attorney ethical rules”, can’t an attorney just write anything I want them to in the letter?
The American Bar Association's (ABA) Model Rules of Professional Conduct states that attorneys "shall not present, participate in presenting, or threaten to present a criminal charge solely to obtain an advantage in a civil matter." It stipulates that such threats have no legal bearing other than as a negotiation tactic. An ethical complaint will not be worth the effect it may have in the letter, to most attorneys. The way the letter and information are provided should include the nuances of the laws of your jurisdiction, as some jurisdictions allow for criminal conduct to create a civil damage claim. Our attorneys know how to write all the important information without harming your claim or causing an ethical issue.
Can you send the letter to their email?
Yes, but typically you want a more formal record of the letter being sent and received, to provide better evidence in any future litigation. We often send these letters via email or fax, and send via certified mail the same day
What can I expect after the letter is sent?
Typically they will delay until the last few days to respond. Typically, they will either contact you directly, our office, or they will hire their own attorney. If they hire an attorney that is usually a good sign, because it shows that they are taking the complaint seriously. However, if they do not respond in any way, then it will be time to consider litigation, and possibly seeking an emergency injunction by the court to stop the behavior.