Gordon F.

Entertainment, Media and Intellectual Property business Affairs Counsel
Member Since: April 10, 2024
Los Angeles

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1 Question Answered / 1 Recent Answer
June 7, 2024
A: A cease and desist is little more than a letter demanding that they stop. It has no real legal effect without taking the party to Court. But it cAN show that you’re serious about the situation and it’ll contain the threat of Court action, which may be enough to get the other party to adjust its behavior. But be careful, sending a C&D can backfire if the other party decides to sue you first, asking the court to declare that they’ve done nothing wrong. So, only pursue this if you’re serious about pursuing court action. Also, be sure you include a demand for a Retraction, if appropriate, since some State laws require that before you can collect damages.