Can a police officer write a cease and desist letter?

Yes, a police department is legally bound to the same liabilities as any other person. Yes, an attorney, or anyone, may send such a letter to a police department.

How are cease and desist letters delivered?

Cease and desist letters can be sent through email, mail, and through an attorney. However you choose to send the letter, make sure that you have a receipt that shows it was delivered to the recipient. Send physical mail through certified mail so you receive a time-stamp on when it was delivered.

Who sends a cease and desist letter?

Anyone (whether the complaint is well-founded or not) can send out a cease and desist letter. However, there are reasons why you may want an attorney who specializes in copyright laws at least review your letter before sending it out.

Who can issue cease and desist orders?

Anyone can send a cease and desist letter. An attorney does not have to be involved. However, an attorney can advise complainants on whether their rights have been violated and if they have legal and meritorious rights to send a cease and desist letter.

Can a cease and desist letter be considered harassment?

A cease and desist harassment letter is a written document that demands the recipient stop a certain behavior immediately. This behavior is constituted as harassment in some way.

Is a cease and desist order enforceable?

You may be wondering, is a cease and desist letter enforceable? The letter is not a court order and on its own is not legally enforceable. Therefore, there are no immediate repercussions to non-compliance.

What happens if you ignore cease and desist?

If you ignore it, the attorney who sent the letter will eventually file a lawsuit in federal court against you for trademark infringement and/or copyright infringement. This action may not happen right away. You might even think you are out of danger.

How do you enforce a cease and desist order?

You can serve it via mail, email, an attorney and, in some cases, in person. However you choose to serve the letter, keep a record of delivery and receipt by the offending party. If you are sending the cease-and-desist letter yourself, send it via certified mail so that you have a record of delivery.

How do you issue a cease and desist order?

How to Write a Cease and Desist Letter

1. Include your name and address.
2. Include the recipient’s name and address.
3. Demand the recipient to stop the harassment.
4. Send it via certified mail, return receipt requested.

What happens if you violate a cease and desist order?

A cease and desist order communicates to a person or company to stop engaging in illegal activities and if they do not comply by the order they will face penalties such as fines or jail time.

Is a cease and desist a threat?

A trademark cease and desist letter is one that is meant to be threatening. A cease and desist notice letter or a trademark notice letter is fundamentally different. It is far less threatening and its goal is to put someone on notice of your trademark rights.

What if a cease and desist letter is ignored?

You’ll end up in a lawsuit. If you ignore a cease-and-desist letter, the next thing waiting for you could be a summons and complaint, alerting you that you’ve been officially served with a lawsuit.