Intellectual Property Defined
Intellectual property (IP) includes the following:
- Copyrights
- Trademarks
- Patents
- Registered designs
An IP cease and desist letter may also be used for certain NDA violations.
When to Use
A cease and desist letter is delivered to the offender before legal action is taken. It gives notice of the sender’s claim regarding the recipient’s infringement on their IP and is often drafted and sent by the recipient’s legal representative.
Proof of Intellectual Property Theft
To support their demand, the sender must provide proof that they are the rightful owner of the intellectual property concerned.
This may be in the form of:
- Dated records
- Registered patents, trademarks, and designs.
- Signed NDAs
Furthermore, the IP owner must also be able to prove that the other party copied their work.
Sample
Download: PDF, Word (.docx), OpenDocument
NOTICE TO CEASE AND DESIST
[SENDER’S NAME]
[SENDER’S STREET]
[SENDER’S CITY, STATE, & ZIP]
Date: [MM/DD/YYYY]
Re: Intellectual Property
Dear [RECIPIENT’S NAME],
We have reason to believe that you are in direct violation of revealing information that is deemed intellectual property of [OWNER OF INTELLECTUAL PROPERTY].
The infringing actions include the following:
[LIST INFRINGING ACTIONS]
IT IS REQUIRED THAT YOU CEASE AND DESIST THE FOLLOWING:
[LIST ACTIONS TO CEASE AND DESIST]
If you fail to comply with the aforementioned demand(s) within [#] days, we will have no choice but to pursue all legal causes of action, including, but not limited to, filing a lawsuit to protect our interests.
We remind you that this letter serves as a pre-suit notice for a lawsuit against you, and failing to correct it will likely make you liable for any damages the court determines we have suffered as a result of your infringement(s), including any reasonable attorneys’ fees.
Sincerely,
________________________
[PRINTED NAME]