Writing a Letter
A cease and desist letter is a letter sent by an individual or business to another person or business requesting that the recipient refrain from conducting an act which adversely affects the right or interest of the writer of the letter.
It is usually sent to advise a supposed aggressor of the injury suffered by an injured person, or to notify an aggressor of the consequences of his actions.
This letter could be used in many instances or for several reasons. For instance, in trespass to land, a cease and desist letter may be sent to the trespasser to advise such trespasser to discontinue the act of trespass or risk being sued.
In intellectual property cases, the owner of a copyright, trademark or patent may serve a cease and desist letter on a person who infringes on their rights to desist from such infringement or be sued.
Another common form of cease and desist letters is found in cases of Landlords and Tenants, when a notice of owner’s intention to recover possession is served on a tenant.
Below are some of the reasons for serving a cease and desist letter on persons or businesses:
Stops unlawful exercise of legal right: serving a cease and desist letter on a person who exercises your legal rights unlawfully informs them to stop such unlawful exercise of right. This will caution them on the use of the right. This is usually the case in intellectual property cases.
Serves as a notice of existing legal right: one may serve such letter on a person to notify them of the existence of a legal right which they infringe upon. In reality, some persons may claim that they are not aware of the existence of your right. When a letter is served on them, they have no such defense.
It sometimes serves as condition precedent: there are times that certain forms of cease and desist letter are mandated to be served before institution of action. For instance, in a suit for recovery of premises, notice of owner’s intention to recover possession in court must be served on the tenant. Serving such letter means that you have performed the condition precedent.
This blog post sheds some light on why an individual or business might consider issuing a Cease and Desist letter.
Please share your thoughts in the comment section.