As legally trained online brand protection specialists, Lexsynergy considers there to be no such thing as a standard cease and desist letter. Each letter should be carefully tailored to the specific facts of the case and should be guided by an extensive knowledge of the relevant law, as there is always the risk that an unjustified infringement letter can result in the sender being sued.
That is why brand owners, or their service providers, should draft cease and desist communications in such a way that avoids media fallout and adverse repercussions on social media.
At Lexsynergy, we consider ourselves to be expert online brand protection investigators, conducting detailed research to determine the best strategy for each case’s needs. To do this we undertake 5 key considerations before sending a cease and desist:
1) Who really is the infringer? Are communications addressed to the right person at the correct and valid email address/physical address?
2) Is the infringer likely to use the letter to their advantage and repost it to gain adverse media publicity or public sympathy?
3) When sending communications to the infringer do not send attachments, as an attachment from an unrecognised source could be considered as spam and get deleted.
4) Is a letter the most appropriate form of communication in this case? Is there another way to settle the matter? Would a telephone call be more appropriate?
5) Ensure that the tone of any communication is appropriate to the degree of harm caused by the claimed infringement.
If after undertaking these considerations, written communication is deemed appropriate, ensure that the recipient understands the issue and what steps they can take to avoid further escalation.
Need support with an online infringement case? Lexsynergy's Brand Protection team is on hand to determine the best course of action to remove any online infringement or recover a domain. For more information, get in touch with our team at [email protected].