Be Careful with Cease-and-Desist Letters

• Posted by Geoffrey G. Gussis on August 3rd, 2005


• Filed in Guides, Tips and Practice Pointers

Friend of InhouseBlog Todd Mayover of IP Counsel Blog fame has an interesting post on cease and desist letters.  While the post focuses on the patent arena, it has a few tips that apply to cease and desist letters in general.  One key issue is how to draft a cease and desist letter "that provides actual notice of possible infringement without triggering
the actual controversy doctrine, thereby providing the recipient of the
letter with declaratory judgment jurisdiction."  Todd points to an article in Intellectual Property Today by Matt Thane, who provides helpful guidance:

"(1) Never directly accuse or explicitly threaten;

-Use language to express concern regarding possible infringement like "may infringe".
(2) Avoid litigation language;

-Do not use language making reference to possible damages, liability or juries.
(3) Offer a license; and

(4) Consider other actions taken by your client in the past."

 

Visit Todd’s site to read more and download the full article.  Link: IP Counsel Blog: Cease-and-Desist Letters.