A cease and desist letter may serve to warn an offender that legal action may take place if they don’t stop the activity. The offender is generally given a set time frame—usually 10 to 15 days—to respond. A cease and desist letter must comply with laws in the jurisdiction where it is sent.

How serious is a cease and desist letter?

A cease and desist letter contains nothing more than an attorney’s opinion that you need to change your actions immediately, but there’s no court order requiring you to do so. By itself, a cease and desist letter can’t do much, yet it may advise you that if you don’t comply, the other party will sue you.

What happens if you don’t answer a cease and desist letter?

What can actually happen if you ignore a cease-and-desist letter? You’ll get more letters. Each subsequent letter might be more aggressive in tone, but you are under no legal obligation to comply, although you could face a lawsuit in the future.

What happens if you ignore a cease and desist?

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.

Can you fight a cease and desist letter?

Three Steps to Take Immediately After Receiving a Cease and Desist Letter. Relax & Reflect: Cease and desist letters, whether formally served or mailed, do not legally require a response. The sender may threaten to file litigation if a response is not received, but the letter does not mean a lawsuit has been filed.

Do you have to obey a cease and desist letter?

The first question is whether what you’re doing is legal or illegal. A cease and desist letter generally is only used when conduct is illegal. And you don’t have to obey the letter if it is directing you to stop doing something that is permissible, where there’s no law against it.

How much does it cost to send a cease and desist?

The purpose of a letter from an attorney is to threaten legal action is the behavior or activity is not stopped – and therefore you would eventually pursue a cease and desist order and financial damages accordingly. Solo Practitioner: Most solo attorneys will charge $750 – $1,200 to draft and send your demand letter.