Perhaps most importantly, the letter could be effective in stopping the alleged infringement if the recipient agrees to the letter's demands or if the dispute can be settled through some other arrangement. Furthermore, sending such a letter sets out the basic cause of action in writing and is likely to form part of the court record if the matter remains unresolved. Firstly, the letters notify the recipient of the owner's rights, the fact that they are being infringed, and the consequences of not adhering to the terms of the letter. To this extent, these letters constitute formal notifications to the person or business receiving them.ДЇor legal reasons, sending a cease and desist letter is often the first step to address infringement allegations. The letter calls on the alleged infringer to stop the infringing conduct and delineates steps (or 'demands') with which the alleged infringer must comply to avoid formal court action. In the context of IP infringement, a cease and desist letter is a notification usually sent from an IP attorney to an alleged infringer, setting out the IP owner's rights and explaining which particular actions of the recipient constitute infringing conduct. What is the purpose of a cease and desist letter? You may know that your IP rights have been infringed, but to stop patent or trademark infringement in its tracks and boost your chances of earning appropriate compensatory restitution, it is vital to approach the matter in a methodical, step-by-step manner which includes, in most instances, sending a carefully prepared, precise cease and desist letter. One way of obtaining that evidence is to show that the infringer was sent a letter notifying them of the plaintiff's rights and that the infringement continued despite that guilty knowledge. For example, where intentional infringement is a requirement either to succeed in an infringement claim or to be able to claim (additional) damages, hard proof of intention is necessary. A patent or trademark owner cannot simply initiate proceedings for infringement and expect to come out victorious without meeting the evidentiary standard for infringement outlined by the laws of the relevant jurisdiction. The IP laws in most jurisdictions make it incumbent upon any plaintiff who alleges patent infringement or a similar IP rights violation to provide judges and other presiding officers with extensive evidence supporting their claim.

The path to stopping infringement of your Intellectual Property (IP) rights begins with two key questions: 'Should I send a cease and desist letter?' and 'Is a cease and desist letter enforceable?'

Cease and desist letter