If someone uses your intellectual property (IP) rights without your permission, you should send them a cease-and-desist letter. This is the first step to protecting your rights. It allows you to resolve the issue earlier.
Here is what to include in your cease-and-desist letter:
Identification of involved parties
The letter should have your name/business name, address and contact information and those of the recipient. Finding a recipient’s information is not always difficult. If the infringement is on a website, you can easily find the recipient’s address on the site. If the infringing activity is on a physical store, you can get the store’s address from the relevant government business registries.
However, if the infringing activity is on social media or an online marketplace and the party has not included their information, you might need to contact the platform’s support or legal team.
Reason for the letter
Include a clear statement informing the recipient that they are infringing your IP rights. State the IP they should stop using and provide details of your ownership, such as the title of the work, your registration number, the date of first use and the date of issuance.
It’s also recommended to provide supporting evidence. You can attach a copy of your registration certificate and other relevant documents.
Legal basis
Cite the specific laws the recipient has violated through their actions. If a contract exists between you and the recipient, state the specific clauses they have breached.
Consequences of non-compliance
Outline the potential legal actions you will take if the recipient does not halt their infringing activity within a stated timeframe. This can be filing a lawsuit, seeking an injunction or demanding financial compensation.
Then sign the letter and include the date.
Someone infringing your IP rights can lead to serious effects on your innovation or business. Obtain more information to send an effective cease-and-desist letter.
