Cease and Desist Letter

November 01, 2013  |     |     |   0 Comment

A cease and desist letter is generally the first step that an individual or business takes to order another individual or business to stop certain behavior. The purpose of the letter is to threaten legal action if the specific behavior is not stopped. The letter asks its recipient to stop (cease) the activity and never do it again (desist).

A cease and desist letter is often sent to registrants of domain names that infringe on the trademark of a trademark owner. This letter usually demands that the recipient immediately transfer the domain name to the trademark owner (claimant) and never register any similar domain names in the future that infringe on the trademark.

As such, cease and desist letters are generally the first tool used in cases involving cybersquatting and reverse cybersquatting. If both parties cannot resolve their issues, then the claimant can file the case for resolution via UDRP arbitration.

Author: 

Kris Tabetando provides mergers & acquisitions (M&A) advisory and brokerage services to Internet companies. He also partners with investors to acquire & manage Internet businesses.

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