Intellectual Property Defined
Intellectual property (IP) is a creative work, invention, or design that a person has rights to. It can include:
- 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 notifies the recipient that they are infringing on the sender’s intellectual property rights and will face a lawsuit if they don’t stop immediately.
Depending on the jurisdiction, sending a cease and desist may be required as evidence that the IP owner tried to settle the matter outside of court. Delivering a notice also helps prove that the infringer is aware of their misappropriation.
Proof of Intellectual Property Theft
The sender will need to be able to demonstrate that they are the rightful owner of the intellectual property concerned.
This evidence may come in the form of:
- Dated records.
- Registered patents, trademarks, and designs.
- Signed NDAs.
Furthermore, if the IP owner sues the letter recipient, they must be able to prove in court that the infringing party misappropriated their property.
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]