Costello Law Corporation
We Can Help You, Call Us Today
916-520-3360
This Attorney is Lead Counsel Rated. Click here for more Information.

Advice for writing a 'cease-and-desist' letter

When you discover that someone is infringing on your trademark and using your brand identity for profit and gain, it's time to draft a cease-and-desist letter. Your cease-and-desist letter is a carefully written piece of communication that needs to be written the right way to have the desired effect.

The goal of your letter is to get someone to stop using your brand identity without needing to file a lawsuit. However, the letter might have the unintended result of inflaming a difficult-to-resolve dispute. You could anger the recipient if your letter appears too threatening. At the same time, if your letter is too kind and friendly, the recipient might not take it seriously.

It's a delicate balance to assert yourself properly in these communications. A large corporation with significant legal might could benefit from stepping forward with guns ablaze. A small business without very deep pockets, on the other hand, may be wise to tread cautiously with a light-touch approach.

Sometimes, people shoot these letters out without proper forethought. Perhaps what's happening is not a trademark violation. For example, two companies can legally maintain the same name if they're not in competition with each other. Or, perhaps you put the wrong types of things in the letter.

There are many ways to draft a cease-and-desist letter wrong without proper legal guidance. And, for that matter, there are many ways to do it right. When someone infringes on your brand, it could cause you to suffer great financial damages after all of the work you've put into building your reputation and customer base. So, make sure you get the help you need to resolve the situation as quickly as possible.

No Comments

Leave a comment
Comment Information

Contact Us Today

To protect your valuable idea, contact our lawyers at Costello Law Corporation to set up an initial consultation. We are ready to assist you in any intellectual property issue.

Get Started

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Map & Directions

Costello Law Corporation

Costello Law Corporation
2267 Lava Ridge Court
Suite 210
Roseville, CA 95661

Phone: 916-520-3360
Fax: 916-441-4254
Map & Directions

Email Us