How Companies Can Use a Cease and Desist Letter to Protect Your Intellectual Property Rights

According to a study from the World Intellectual Property Organization (WIPO), the global value of intellectual property (IP) is approximately $6 trillion. Depending on the nature of the business, a company’s IP may be among its most valuable assets. When infringement occurs, immediate action is a must.

Of course, this does not mean costly and time-consuming litigation will be necessary to stop infringement. Companies have other tools available to protect their IP rights. One of the most effective is the cease and desist letter. Here, our Chicago intellectual property attorneys explain how businesses can use cease and desist letters to protect their rights and interests.

What is a Cease and Desist Letter?

A cease and desist letter is a document sent by one party to another telling them to stop (cease) unlawful activity and to refrain (desist) from doing it in the future. Sending a cease and desist letter can be a cost-effective way to stop IP infringement. If your company’s copyright, trademark or patent is being violated by another firm, it is time to consider sending a cease and desist.

Four Important Elements of an Effective IP Cease and Desist

As powerful of a tool as a cease and desist letter can be, it will only be useful if it is drafted properly. Not only will a sloppy cease and desist be unlikely to stop IP infringement, it could create other additional problems. A well-crafted cease and desist letter should include the following four key elements:

  1. Explanation of Infringement: First and foremost, the letter should explain the extent of the IP infringement. Do not assume the defendant knows what they are doing is wrong. Make sure the other party understands how they are violating your company’s rights.
  2. Clear Demand to Stop: Next, the cease and desist should include a straightforward demand to stop the infringement.
  3. Statement of Consequences: Additionally, a cease and desist letter should inform the other party of what will happen if they refuse/decline to comply: namely, your company intends to pursue legal action.
  4. Deadline for Response: Finally, a cease and desist should include a deadline for response or action. Without a deadline, the infringement may simply linger on.

To get effective, efficient results, your IP cease and desist letter should be drafted by an experienced professional. A Chicago business law attorney who has experience handling intellectual property matters will be able to review your case, analyze the infringement and craft a letter to ensure the violation is resolved.

Call Our Chicago, IL Intellectual Property Lawyers for Immediate Assistance

At North Suburban Legal Services LLC, our Illinois business lawyers have the skills, knowledge and experience to handle the full range of intellectual property cases. To learn more about how you can use a cease and desist letter to protect your company’s IP rights, please contact our law firm at (312) 909-6089. We represent companies throughout the region, including in Cook County, Kane County, Lake County and Will County.

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