Lexsynergy considers that there is no such thing as a standard cease and desist letter. Each letter should be carefully tailored to the specific facts of the case with an in-depth knowledge of the relevant law. There is always a risk that a letter which threatens infringement without being justified can end up with the sender being sued, instead of the alleged infringer.
 
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 conduct detailed investigations to determine the best strategy for enforcement of each matter bearing in mind the following:

  • Who really is the infringer? Are they likely to use the letter to their advantage and repost it to gain adverse media publicity for the brand owner or public sympathy? Is the brand owner or their service provider addressing it to the right person at a correct and valid email address/physical address?
  • Do not send attachments with any communications, as an attachment from an unrecognised source could be considered as spam by the recipient and deleted.
  • Is a letter appropriate in the first place? Is there another way to settle the matter? Would a telephone call be more appropriate?
  • Need to ensure that the tone of any communication is appropriate to the degree of harm caused by the claimed infringement. Sometimes, a soft but specific approach is often more effective in the initial stages than an aggressive, but vague communication. 
  • Obviously, if the softer approach does not work, then it can be escalated.

If written communication is deemed appropriate, ensure that the recipient understands the issue and what steps they can take to avoid further escalation of the issue.