CEASE & DESIST LETTERS
A letter can shape the whole dispute. Nitin Agarwal can assess the rights, evidence and commercial objective before drafting a measured demand or responding to one you have received.
Send the relevant rights, examples of the conduct, correspondence and any requested response date.
WHY TAKE ADVICE?
Confirm the rights and evidence before making allegations or demands. A template may miss material risks.
Define the conduct and changes sought, with a proportionate tone and timetable. Consider the likely response.
Correspondence may lead to settlement or further work. Agree each stage before taking the next formal step.
WHEN WE CAN HELP
These are illustrative situations, not accounts of completed client matters.
Another business is using branding or material that you believe may conflict with your existing rights.
We can review the legal basis and relevant supporting evidence. Drafting follows an agreed scope and approval of the proposed letter.
A rights owner alleges a problem with your conduct and asks you to give undertakings or respond.
We can assess the allegations and the response you may make. Send the complete letter and flag any requested response date.
You are discussing changes to use or other terms to resolve the issue without unnecessary proceedings.
We can help document obligations and practical implementation steps. Settlement drafting or negotiation requires an agreed scope of work.
THE SERVICE
Whether you are sending or receiving a letter, the wording should follow an assessment of the rights, evidence and objective.
Identify the allegation, parties, requested undertakings and any stated response date.
Consider the relevant rights and conduct before deciding what can responsibly be asserted or accepted.
Discuss the desired outcome, tone, commercial options and material risks of correspondence.
Prepare a tailored letter or response for your review and approval.
Agree separately any negotiation, settlement drafting or further action required after the response.
A CLEAR PROCESS
Send the letter or the facts behind the proposed allegation.
We review the relevant rights, conduct and objectives.
Consider and approve the proposed letter or response.
Assess the reply and separately agree any follow-up work.
YOUR ATTORNEY
Nitin Agarwal is a Chartered Trade Mark Attorney and founder of Corpinal IP Limited. You deal directly with him on the agreed advice and work. The engagement confirms the scope and any specialist support required.
BEFORE YOU INSTRUCT US
Have a question about your situation? Tell us what you need help with and include any relevant dates.
It is formal correspondence asking a person or business to stop specified conduct, often because it is alleged to infringe intellectual property rights or otherwise interfere with protected commercial interests.
Not necessarily. It is usually better to assess the rights, evidence, urgency and commercial objective first. In some situations preserving evidence or considering the recipient’s likely response should come before formal contact.
Do not ignore it, but avoid making admissions or agreeing to demands before the allegations have been assessed. The sender’s rights, your use, relevant evidence and response deadline should be reviewed promptly.
No. Many disputes are resolved through correspondence, negotiated undertakings, changes to branding or other agreed terms. The letter can be an important step toward resolution without proceedings.
An initial conversation identifies your needs and whether we can help. Document review, legal assessment, drafting and substantive advice are paid work, with scope and fees agreed before we start. Sending an enquiry does not confirm that we can act or that a deadline is being monitored.
RELATED GUIDANCE
Start with the rights and actual use involved, whether you want to raise a concern or respond to an allegation.
A passing off concern needs evidence of the business, the conduct complained of and the harm alleged.
A settlement needs to resolve the immediate dispute and state clearly what each party must do next.
BRAND PROTECTION CHECK
Explore your wider brand protection needs with questions tailored to your business and plans.
No contact details needed to see your results.
YOUR NEXT STEP
Send the relevant rights, examples of the conduct, correspondence and any requested response date.
We agree the scope and fees before substantive work begins. If a deadline is close, telephone us as well. An enquiry does not confirm that we are acting or monitoring a deadline.