If someone is using your intellectual property (IP) without your consent, it’s vital to first send them a cease and desist letter. They may not know they are infringing your IP, possibly they didn’t conduct a thorough search. Thus, this letter allows them to be aware of it and stop using your IP before facing a lawsuit.
The other party may reach out to negotiate, requesting you to allow them to continue using your IP on mutually agreeable terms or they may deny infringement. And in some cases, you may not even get a response.
Regardless of the most likely outcome, your cease and desist letter should be adequately informative. Here is what to include in the letter:
Personal details
Include your and the other party’s details. These include names and contact information. You can find the other party’s information on the internet, with the help of a state department or from their physical store. Don’t forget to state the date.
Description and proof of infringement
Your letter should explain the infringement that the other party is committing. If they are using your business’s name, state so. If they used your research in their work, specify the work you are referring to (its title, author name and publication date).
Additionally, include proof of ownership, such as a copy of your trademark registration or photographs.
Steps to take
Once you have provided adequate information about the purpose of the letter, inform the recipient of what they need to do, which is to stop using your IP.
Period to respond
Finish your letter by requesting the recipient to respond or comply with the contents of the letter by a certain date lest you take legal action. And sign off.
What you include in your cease and desist letter matters. Get as much information as possible if considering sending one.