A Cease and Desist Letter is usually sent to the recipient of an NDA in the event of a breach of the Agreement. Many business entities, before entering into any relationship with other entities, will deploy a Nondisclosure Agreement to prevent the misappropriation of any Confidential Information.
When Should You Write a Cease and Desist Letter?
A Cease and Desist Letter is a document that sets out the accusation of misuse and asks the recipient of the Confidential Information to “Cease and Desist” from using the information without the consent of the Disclosing Party. This letter servers as a warning, and should the recipient fail to oblige, it may result in legal actions.
There are various situations in which a Cease and Desist letter is the only suitable course of Action such as;
- Violation of a Nondisclosure agreement
- Copyright infringement
- Trademark violation
- Invasion of privacy
- Stopping defamation or public slander
What Does a Cease and Desist Letter Contain?
A Cease and Desist letter typically contains the following elements;
- Recipient: this is the individual usually the person or the organization that breached a Nondisclosure agreement
- Sender: this is the Disclosing Party sending the letter requesting the recipient to stop unauthorized use of confidential information.
- Unlawful behavior: A detailed description of the breach caused by the recipient of a Confidential Information
- Legal Action: this is a warning directed to the recipient to inform them of a possible lawsuit should the behavior continue.
- Date: the date when the letter was sent to the recipient by the disclosing party.
Writing a Cease and Desist letter
- Identify the reasons: make clear the reasons for sending the Cease and Desist letter, i.e., Specify what exactly you want the recipient to cease and desist.
- Include Specifics: Include all the necessary details about how you feel that the Agreement has been violated and why you need to send the cease and desist letter. Always remember to include the date and any other evidence that you may have to support your claim.
- Identify and include your legal rights: when writing a Cease and Desist letter, it is always advisable to employ the expertise of a legal counsel. In the letter, identify your legal rights when requesting the recipient to Cease and Desist.
- Identify the steps you need the recipient to take to fix the situation: your letter should specify the actions the recipient must take to make the situation right again. Specify the timeframe accorded to the recipient to make things right and inform them of other repercussions that they may face failure to comply with the demands of the letter.
Samples & Templates
CEASE AND DESIST LETTER
(VIOLATION OF NON-DISCLOSURE AGREEMENT)
From
…………………………………..
…………………………………..
…………………………………..
Date………………………………
Re: Notice to Cease and desist for a specific activity
Dear……………………………..
This letter is served upon you according to a breach of your………………….” activity.” I am the………………. (Position at the company— for example, “manager, sales manager, owner”) of ………………….. (Your company name), located in……………………… (City, state). My company is the proprietor of Intellectual property, including trade secrets relating to……………………. (Describe the stolen trade secrets— for instance, tracking software application, recipes). Our company has always strived to maintain the integrity and confidentiality of our trade secrets by ensuring that a Nondisclosure confidentiality agreement bounds limited disclosure.
It has come to our attention that……………………………………. (Describe the trade secret theft in details). The sole purpose of this letter is to request you to cease and desist from any continuing or future use of our trade secrets.
We expect your acknowledgment of this letter and your response by…………..of …… 20…. Failure to which we shall be forced to take legal actions on you.
Sincerely,
Name………………………………
Address…………………………….
Phone number……………………..
CEASE AND DESIST LETTER
(VIOLATION OF NONDISCLOSURE AGREEMENT)
From
Date___________________
Re: Unauthorized Disclosure of Confidential Information
This letter, dated the of _, 20_, is served upon you to cease and desist your disclosure of Confidential Information that was disclosed to you by_____________, “Company name.”
You signed a Nondisclosure agreement at the meeting you attended at the company to review_______________ with the company. It has since come to our attention that you have breached the Agreement by disclosing the information you obtained from our company, which is a great violation of the Agreement. The Agreement clearly stated you do not unless authorized in writing, disclose any proprietary information disclosed to you during the meeting.
A lawsuit will be commenced should you fail to stop disclosing confidential information of the company. Consequently, a temporary restraining order will be filed against you at the District Court, and all damages caused as a result of the breach shall be availed at the court to be proved at trial. We are hoping that we will not have to escalate this matter to the courts and that you will desist from sharing the information.
You will be issued with another letter should you fail to respond to this letter in writing by the____ of________, 20___ indicating that you will stop violating the agreement you made with the company a lawsuit will be commenced.
Sincerely,
FAQs
Whether your complaint is substantiated or not, you can send out a cease and desist letter without having to involve or hire an attorney. You may, however, need to hire an attorney whose specialty is in copyright laws to at least review your letter before sending it out.
Benefits of Having an Attorney Send a Cease and Desist Letter
Legal matters are always complicated, expensive, and drawn-out. Despite getting a verdict in your favor, the defendant may decide to file an appeal, thereby extending the legal process. An attorney in this case may:
• Offer their advice on whether your rights have been indeed violated, and if so, what legal grounds should you take.
• An attorney will advise you on whether it is appropriate to send a cease and desist letter, and can even help you write the letter
• A letter from an attorney is most likely to be taken seriously than a letter from an individual
If you are served a cease and desist letter, it is always advisable to seek legal advice. You should make sure you respond to the letter else the party may take legal actions against you. Regardless of whether you know or not the alleged activity, it is wise to respond and try to reach a negotiated outcome.
If the opposing party fails to Cease or desist, you should discuss your legal counsel on the next course of Action. The legal counsel will advise you accordingly, depending on the type of breach and the harm caused as a result of the breach.
