When to Send a Cease and Desist Letter

Today on The Legalpreneur, I am guiding you through common practices to deal with copyright or trademark infringement. I review the difference between a cease and desist letter versus a demand letter. Before you send a cease and desist letter, I encourage you to evaluate the alternatives. As an attorney, my goal is to inform you of all your options so you can resolve your issue in a way that suits your individual needs.

It is important to understand that many people don’t realize they are infringing. So, If you are looking to resolve an issue in the most cost effective manner, it benefits you to personally reach out and educate a violator before paying an attorney to do so. More often, these issues can be resolved without getting the courts or an attorney involved.

In instances, where you may need to be more forceful, The Legalpreneur membership is a great tool that allows you to involve an attorney early on. Most businesses don’t want to go to court, simply, having a Legalpreneur attorney on your side can help you resolve any issue efficiently and cost effectively. In this episode you will learn everything you need to know to make the right decision for you and your business.

Key Takeaways:
[1:40] Consider your other options before sending a cease and desist letter
[2:30] The difference between a cease and desist verses a demand letter
[3:40] Personally reach out and educate before sending a cease and desist letter
[5:56] Requirements for a copyright takedown or a trademark takedown
[7:00] The DMCA relieves 3rd party hosts of liability for user’s individual infringements
[8:10] As a last resort, you can submit a takedown without reaching an attorney
[9:20] You must have the registration for a trademark takedown but not for copyright
[9:30] When you should reach out to an attorney to send a letter
[10:20] Legalpreneur membership allows you to CC our attorneys on all communication
[11:48] Demand letters are most effective for recovering nonpayments


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The Legalpreneur Podcast is advertising/marketing material. It is not legal advice. Please consult with your attorney on these topics. Copyright Legalpreneur Inc 2022