Frequently Asked Questions
What is a Cease and Desist Letter?A Cease and Desist Letter is a letter that requests that an individual or organisation stop a specified action and refrain from doing it in the future, with a threat of legal action if the recipient fails to comply. Anyone can send a Cease and Desist Letter.
A Cease and Desist Letter is different than a Cease and Desist Order, which is an order given by a judge to stop an illegal activity. What is the “Debt Collection” letter used for?The Debt Collection letter is used to stop Debt Collectors from inappropriately harassing you. What is the “Copyright Infringement” letter used for?The Copyright Infringement letter is used to demand that an individual or organisation stops infringing on intellectual rights of your copyrighted work.What is Copyright infringement?Copyright infringement is a violation of the rights granted to the holder of a copyright.
A copyright holder has the following exclusive rights:
*To produce and sell copies of the original work.
*To create derivative works (works based on the original).
*To display or perform the work publicly.
*To sell or assign the above rights to others.
When individuals or organisation do any of the above without the permission of the copyright holder, they are committing copyright infringement. What is the “Trade Mark Infringement” letter used for?The Trade Mark Infringement letter is used to demand that an individual or organisation stops violating your Trade Mark rights.What is Trade Mark infringement?Trade Mark infringement is a violation of the rights granted to the holder of a Trade Mark.
A Trade Mark refers to a mark or name used by a person for the purpose of distinguishing goods or services offered by that person from those offered by others. This is an exclusive right.
A Trade Mark infringment occurs when another person or group uses that mark or name, without permission or in a way that violates this exclusive right. The infringing mark or name needs not be an exact match to the Trade Mark.What is the “General” letter used for?The General letter is used to demand that an individual or organisation ceases an action or behaviour. The General letter can be used to demand the cessation of the following:
*Harassment
*Stalking
*Libel
*Slander
*Property, boundary and neighborhood disputes.
The General letter format can also be used for cases of debt collection, copyright infringement or trademark infringement. However, the Trade Mark, Copyright Infringement and Debt Collection letters are more specifically suited for those specific purposes.
