What to Do If You Receive a Cease and Desist Letter
If you have received a cease and desist letter and are wondering how to respond to it, Foster Massengill, LLC can help. We have vast experience representing local businesses and individuals in Waxahachie and the surrounding Ennis area.
Receiving a cease and desist letter can be an intimidating experience you might not know how to respond to. While a cease and desist letter is not legally enforceable, ignoring it can trigger potential legal action from its sender. However, a cease and desist letter can also be used as a scare tactic to trick you into thinking there will be legal recourse for not complying with its demands. Because of this, it's important to have an attorney on your side.
If you have received a cease and desist letter, you should take it seriously and should only respond after fully understanding the claims being brought against you and after seeking experienced legal counsel.
What is a Cease and Desist Letter?
While usually sent by an attorney, a cease and desist letter can be sent by anyone claiming trademark infringement, patent violation, or copyright infringement. These letters can be used in defamation claims, contract violations, and other civil claims.
If you receive a cease and desist letter, the first thing to do is read and understand its contents and try to understand the potential legal implications of ignoring it. Finally, consult with your attorney to understand the letter's requirements and discuss options for responding.
Depending on the demands of the cease and desist letter, you may be able to work things out with the sender. However, your attorney can help you take further legal action if you cannot resolve the situation.
Can a Cease and Desist Be Legally Enforced?
A cease and desist letter is not legally enforceable since the court doesn't order it. Instead, the letter is a formal request to stop doing something that violates the law or a contract. There are generally no immediate consequences for not complying with the letter's demands.
That being said, you risk escalating the situation by ignoring the letter, and the sender may have grounds to start a legal recourse against you to obtain an injunction. The cease and desist letter also provides evidence of the sender's intent or efforts to stop any illegal activity. In some situations, it can open room for negotiations between you and the sender and help you resolve an issue without litigation.
However, if you receive a cease and desist order, you should take steps to comply with its demands as they are legally enforced. A cease and desist order comes straight from the courts, carries real weight, and should not be considered an empty threat.
Get in Touch with an Experienced Ennis, Texas Attorney
If you have received a cease and desist letter and are wondering how to respond to it, Foster Massengill, LLC can help. We'll follow up on the details of your cease and desist letter and determine your best options going forward. Fill out our online form or call us at (972) 937-1616 to schedule a consultation. We have experience representing local businesses and individuals in Waxahachie and the surrounding Ennis area.