No responsible business owner wants to engage in litigation – even when they know they’re on the right side and are likely to prevail. Fortunately, with smart strategizing, you can maximize your chances of protecting your rights without having to get involved in a time-consuming, costly court battle.
That often starts with a cease and desist letter. As the name implies, it’s sent to the offending party to ask them to “cease and desist” their activity. This lets them know that you’re aware of what they’re doing, that it’s illegal and that you’ll take further action if they don’t stop by a specific date.
These letters can be used for anything from defamation and libel to contract violations to intellectual property theft and more. They’re an important step in creating a paper trail in case you eventually need to go to court.
While a cease and desist letter isn’t a legally binding document, it still isn’t something you should write yourself or use an online template to create. It’s best for it to be written and sent by a legal professional to help ensure that it’s as effective as possible.
How are cease and desist orders different from letters?
A cease and desist order is typically the next step if the other party doesn’t respond as you hoped. The order is a legal document, so it needs to be sent by a court or (depending on the circumstances) a government agency. To get the order, you would need to take your case to them and show evidence of the illegal behavior and what you’ve already done to try to stop it.
A cease and desist order carries more legal weight than a letter. Generally, it orders a stop to (places an injunction on) the activity.
If the other party contends that it’s doing nothing wrong, you may end up in court with them. However, by having experienced legal guidance from the beginning, you have a better chance of prevailing.
