A Cease and Desist Letter can be used for many different reasons. Often times, simply writing a letter will get the offending party to stop, allowing you both to avoid the time and hassle of a court case, which, even if you're in the right, is something you'd do best to avoid. Here are the most common triggers for writing a Cease and Desist Letter. If you're unsure about whether a Cease and Desist Letter is right for your situation, ask a lawyer.
If your trademarks are being used without your consent, a Cease and Desist Letter is a great first step in getting back what's yours. Often times, just receiving a professional, succinct Cease and Desist is enough to get the offending party to stop using your trademarked material and, even if it isn't, you'll have proof that you tried before resorting to the legal system. You'll want to include details about the trademark in question (logo, design, name), proof that you hold the trademark, and the date you noticed that trademark was being unfairly used. Include any documentation you have and describe to the offending party what steps you expect them to take to rectify the infringement.
Breach of Contract
If someone commits a breach of contract, you may need to send them a cease and desist letter in order to stop the breach. This letter will detail the actions that have breached the contract and what actions need to be stopped. A cease and desist letter should be written in a professional manner with specific details.The letter should be sent to the person breaching the contract as soon as possible. Include any documents or records that demonstrate how the person has broken the contract. Be sure to list a date by which the actions breaching the contract must be stopped.
Cease & Desist Letter
These terms of service ("Terms") cover your use and access to the products (collectively, "Documents") provided by The Aviary ("The Aviary"). By using our Documents, you agree to be bound by these Terms
Disclaimer of Representations and Liability
Please read this section carefully as it affects your rights. The Documents made available by The Aviary may include inaccuracies or typographical errors. The Aviary may at any time make improvements or changes to our Documents and is not required to notify you if you purchased an earlier version. Information or Documents received from The Aviary should not be relied upon for personal, legal, or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation. In short, your use of our Documents is at your own risk.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AVIARY MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE DOCUMENTS. THE DOCUMENTS ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE AVIARY OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT THE AVIARY HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
THE AVIARY'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU TO THE AVIARY FOR THE DOCUMENTS YOU'VE PURCHASED.
The Aviary is Not a Law Firm and Does Not Provide Legal Advice. The Aviary provides self-help. The information provided by The Aviary along with the content on our website related to legal matters ("Legal Information") is provided for your private use and does not constitute legal advice. We will not review any information you provide us for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your selection of forms, or apply the law to the facts of your situation. If you need legal advice for a specific problem, you should consult with a licensed attorney. Neither The Aviary nor any Legal Information provided by The Aviary is a substitute for legal advice from a qualified attorney licensed to practice in an appropriate jurisdiction. As The Aviary is not a law firm, please note that communications between you and The Aviary are not protected as privileged communications under the attorney-client privilege or work product doctrine. Your use or purchase of the Documents does not create an attorney-client relationship between you and The Aviary. Unless you are otherwise represented by an attorney, you represent yourself in any legal matter you undertake through our Documents.
Subject to your compliance with these Terms, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use the Documents as we intend for them to be used. As a purchaser, you are licensed to keep, for your own personal records, electronic or physical copies of documents you have purchased from The Aviary. Any rights not expressly granted in these Terms are reserved by The Aviary. Resale or unauthorized distribution of Documents downloaded from The Aviary website is strictly prohibited. Use of these Documents is for your personal or business use. Any resale or redistribution of our materials requires the express, written consent of The Aviary.