Overview of Cease & Desist Letter

 

What is this document?

This Cease & Desist Letter seeks to prevent a party from using another party’s registered trademark without permission.

 

When would I use this document?

This Cease & Desist Letter would be used where a party (i) has registered a trademark, (ii) has noticed another individual, corporation or other entity using the registered trademark without permission, and (iii) would like the infringing party to stop using the trademark. A Cease & Desist Letter is often used prior to taking legal action against such infringing party.

This particular letter would be used where the infringing party did, at some point, have a license to use the registered trademark, such as through a Consulting Agreement or a Distribution Agreement.

 

Who Signs this Agreement?

This letter will be signed by an authorized representative of the party seeking to prevent the trademark from being used without permission.

 

More details about this document

While a Cease & Desist Letter may contain a variety of information and demands depending on the circumstances, there are certain facts that are important to include. In general, it is best to provide as much detail about the trademark infringements as possible, such as dates, times, locations, and, if on a website, screenshots of the infringements being referred to in the Cease &  Desist Letter.

It is also important to include details about the infringing party’s original license to use the trademark, and why that license is no longer in effect.

 

What are the core elements of this document?

The core elements of the letter include: identification of the registered trademark, details regarding the alleged infringements, details regarding the original license to use the trademark, and consequences for failure to stop using the trademark.

A Cease & Desist Letter may also include any number of appendices, typically visual evidence of the trademark infringements being referred to in the letter. If applicable, the agreement under which the license to use the trademark was granted, such as the Consulting Agreement or Distribution Agreement, can be appended to the Letter.

 

Related Documents

Contractor/Consulting/Services Agreement – this type of agreement can have various names, and is used when a person is paid to provide services but is not hired as an employee. This agreement can specify whether a license to use the trademark was granted or not.

Distribution Agreement – an agreement for the distribution of products, to be used if a party is both referring clients and distributing the other party’s products. This agreement can specify whether a license to use the trademark was granted or not.

 

–  –  –

This article is provided for informational purposes only and does not create a lawyer-client relationship with the reader. It is not legal advice and should not be regarded as such. Any reliance on the information is solely at the reader’s own risk. Clausehound.com is a legal tool geared towards entrepreneurs, early-stage businesses and small businesses alike to help draft legal documents to make businesses more productive. Clausehound offers a $10 per month DIY Legal Library which hosts tens of thousands of legal clauses, contracts, articles, lawyer commentaries and instructional videos. Find Clausehound.com where you see this logo.

What you don't know can hurt you! Subscribe to stay informed.

Sign up now and receive an email when we publish new content.

We will never give away, trade or sell your email address. You can unsubscribe at any time.