Why You should use a Cease and Desist Letter
Explore some situations when you should be using a cease and desist letter.
A Cease and Desist Letter is usually the first stage of alerting an individual or company of an illegal activity, and requesting it to stop. Utilising one allows a paper trail to be formed documenting the issues should you require additional future legal action.
Scenarios when You might need to use it
Debt collectors are harassing You;
If debt collectors need their money, there are a whole host of tactics which they can employ if they are desperate enough – often unlawfully too. If this is the case, you can issue a cease and desist letter to stop the illegal harassment.
Someone infringing Your copyrights;
If you suspect that another person or group is using your copyrighted items without your proper permission, you should send them a cease and desist letter. Some examples of your copyrighted intellectual property could include a picture of yours, a document, a system, a book, a video etc.
Someone infringing Your trademark;
Similar to copyright infringements, you should use a cease and desist letter if your trademark is being used or copied without lawful permission. Trademarks could include things like phrases, icons, logos, visual art, etc.
Someone is harassing You;
If an individual or business is stalking you, discriminating against you maybe due to your ethnicity, religion, gender etc, you can send a cease and desist letter as your first step for it to stop.
You were defamed/slandered; or
Perhaps one of your enemies published false information about you in an attempt to tarnish your reputation, this would be considered defamation/slander and you don’t have to deal with this. Issue them a cease and desist letter.
You just want an activity or conduct to stop.
If you suspect an activity is illegal and it is clearly bothering you, definitely send a Cease and Desist Letter to this person or group. If you would like to learn more about how to go about creating a cease and desist letter click here.
Still unsure about why you would need a cease and desist letter? Contact a LawPath consultant on 1800 529 728 to get fixed price quotes to get advice from an experienced lawyer specific to your needs.
Anthony is a Paralegal at Lawpath. Pursuing his interest for Insolvency and Commercial Law, he is currently completing his third year of a combined degree in a Bachelor of Laws/Bachelor of Commerce at University of New South Wales.