Read the document to make sure it meets your needs. Make sure that you’ve clearly explained the relevant IP infringement.
You should also make sure that your letter won’t put you at risk of the recipient making a claim against you for unjustified threats of IP infringement (read the legal tip titled ‘Be sure that the recipient of your letter is in breach of your IP rights’, below, for more information).
Remember that, if you have any questions, you can easily Ask a lawyer for help.
You can sign your cease and desist letter by either:
Signing online
You can sign online using RocketSign.
You can also send an email request inviting another person (eg another member of your business) to sign.
Signing in print
Print your cease and desist letter and sign and date it.
The cease and desist letter is a formal notice which must be served (ie delivered) properly.
The safest way to serve a notice is to deliver it either:
in person - physically hand the letter to the recipient
by courier or post - try to use tracked delivery and make sure that you keep a copy of the proof of posting and delivery. Check you have the recipient’s latest address
email - you should ideally request a ‘read receipt’ as evidence of service when sending a cease and desist letter by email
Serving by courier, post, or email helps to provide proof that you attempted to resolve the situation before taking the case to court, if this later becomes necessary.
A copy of your cease and desist letter will be stored automatically in your Rocket Lawyer account ‘Dashboard’.
If you signed and sent your letter online, you should also download and securely store a copy of your signed letter for your records. Include any email attachments together with any ‘read receipts’.
If you signed in print, you should securely store your paper copy of the signed letter. You should also store a copy of any additional materials sent with your letter.
Rocket Lawyer On Call™ Solicitors