A cease-and-desist letter purpose is to inform the intellectual property (“IP”) infringer on stop using the infringing trademark or face legal action from the rightful trademark owner for damages to business and goodwill.
It is a mean to enforce IP rights, so as to prevent the IP owner from further suffering from infringement. It is also a nicer way to resolve a potential dispute between the contractual parties, by “reminding” the IP infringer to cease and desist so as to avoid taking the case to the court – saves time and money for civil litigation proceedings.
In this letter, the owner shall refer to the registered trademark and raise the specific infringements that the infringing party has violated. The IP owner shall also indicate clearly that he / she is fully aware of the infringement of the IP rights; and also outline the damages that he had suffered. Accordingly, the IP owner shall demand the breaching party to immediately cease and remedy the infringement and provide a written commitment that it will not occur in the future.
If the infringing party failed to act in accordance with this letter, the IP owner may exercise his right to file a lawsuit against the infringer to assert his contractual rights. The IP owner should sign and send to the IP infringer, and once signed, both parties should get a copy.
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