Cease and Desist
Houston Cease and Desist Letter Attorney Greg Tsioros
If you want to enforce ownership of a copyright, if a collector is harassing you, or you want to formally demand that another party should cease its hassling of you, you need a cease and desist letter attorney.
A cease and desist letter (C&D) creates a legal paper trail that tells an annoying party these actions must stop. It also asserts your intellectual property ownership rights when necessary.
Send a cease and desist letter if or when:
- You wish to tell another party to stop its actions.
- You’re facing harassment.
- You’re a victim of trademark or copyright infringement.
- You’re a business owner and need to prepare for a worst-case scenario.
The Basics of a Cease and Desist Letter
The C&D letter has two primary purposes:
- It tells the recipient to stop doing something that he or she is doing.
- It advises the recipient to repair the harm he or she caused by doing it.
The demand to cease an action is based on a claim that an owner has the legal right to perform an action or possess something.
The recipient of the C&D is interfering in some way with that right.
Reasons to Send a Cease and Desist Letter
Perhaps another party has ripped off your trademark or previously copyrighted materials have fallen into the wrong hands. Maybe you and your family are tired of screening harassing calls from a collector.
Don’t stand for it:
- By formally and legally informing the other party it must stop, you may be able to prevent escalation.
- A C&D letter can bring you peace. Harassment is illegal, stressful, and possible dangerous.
- When another party is stealing your work or ideas, a cease and desist letter can bring closure on your terms.
Why Send a Cease and Desist Letter
There are four general triggers for sending a cease and desist letter:
- Harassment takes many guises. Your attorney will advise the offending party of the date on which the offender must respond before you take next steps.
- Collector Harassment is unfortunately common in Texas. Many collectors are tenacious and persistent.
- Copyright Infringement occurs when another party appropriates your work or product without approval or when another business uses your copyrights without prior consent. Sending the offender a C&D is often enough to convince him or her to stop using the copyrighted materials. If the C&D doesn’t convince the offender to stop, the letter proves that you tried to end the problem without involving the Texas courts.
- Trademark infringement may be viewed similarly to copyright infringement, but there are important differences. For instance, the trademark is more easily enforced. Your written work is considered de facto copyrighted when it is completed, but trademarks involve an applications process.
Reasons to Hire a Qualified Cease and Desist Lawyer
Don’t write a Cease and desist letter yourself:
- If a C&D relates to your intellectual property, you could be subjected to a retaliatory declaratory judgement action by an accuser. Engaging a cease and desist attorney carefully avoids this sort of issue.
- The decision to write a cease and desist letter yourself can delay resolution. The offender might decide to ignore your letter—until you hire an experienced lawyer to show you’re serious.
- Sending a cease and desist letter that accuses another party of breaking the law draw legal consequences for you. A qualified cease and desist lawyer ensures that the C&D protects and asserts your legal rights.
Cease and Desist Letters and the Law
A knowledgeable lawyer will evaluate the seriousness of the grounds for an action. He will explain whether your rights have been violated, and/or on what grounds. If you don’t consult with an attorney, the C&D letter you write may place you at greater risk by not citing the proper grounds for a future legal action.
If your C&D includes demand for payment or if you’re accusing another party of illegal action, you need an experienced cease and desist letter lawyer to determine 1) if a breach exists and 2) what area of law has been breached.
He will draft the C&D with legal expertise that can compel the offender to take notice. A persuasive cease and desist letter contains both the allegations of infringement and an accurate statement of rights.
A letter prepared by a cease and desist attorney is accorded more weight by the recipient and in a Texas court of law. Although your C&D might not get the offender to stop, subsequent litigation can result in serious negative consequences.
Contact an Experienced Cease and Desist Letter Attorney
A cease and desist letter is an essential first line of defense and is an alternative to time-consuming and costly litigation. It’s worth the effort to hire an experienced C&D lawyer to get the results you want.
If you’ve received a cease and desist letter, you need a lawyer now.
Contact The Law Office of Greg Tsioros at 832-752-5972 to discuss your cease and desist letter now.