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Receiving a cease and desist letter can be a stressful and confusing experience for any business owner.


It is essential to understand what this letter means and the appropriate steps to take upon receiving one.

In this blog, we will discuss what a cease and desist letter is, what to do when you receive one.

What Is a Cease and Desist Letter?

A cease and desist letter is a formal written notice sent by one party to another, requesting that the recipient stop engaging in specific activities that are considered infringing on the sender’s legal rights. These activities may include trademark or copyright infringement, harassment, or unfair business practices, among others. The purpose of the letter is to resolve the dispute amicably and avoid further legal action.


What To Do Upon Receiving a Cease and Desist Letter

Upon receiving a cease and desist letter —

  • Stay calm: It’s crucial to remain calm and collected when you receive a cease and desist letter. Panicking or making hasty decisions can lead to costly mistakes.
  • Read and understand the letter: Carefully review the letter to understand the claims being made against you and the specific actions the sender is requesting you take
  • Preserve evidence: Keep a copy of the letter and any relevant documents or communications for future reference
  • Consult a lawyer: Seek advice from a qualified business litigation lawyer in Dallas, such as Viscaria Law Firm, to understand your legal rights and obligations

Responding to a Cease and Desist Letter

After consulting with a small business lawyer, you will need to determine the appropriate response to the cease and desist letter. This may involve:
  • Complying with the demands: If your lawyer advises that the claims are valid and that you should comply, you may need to stop the infringing activity (or whatever the letter demands) and provide a written response acknowledging your compliance
  • Negotiating a settlement: In some cases, it may be possible to negotiate a settlement with the sender, such as entering into a licensing agreement or modifying your business practices to resolve the dispute
  • Disputing the claims: If your lawyer believes the claims are unfounded or that the sender does not have valid legal grounds, you may choose to dispute the claims in your written response.

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