As a responsible business owner, you would rather avoid spending your valuable time, money and resources on litigation. However, sometimes it’s necessary to protect your business from illegal or unethical activities by others.
Fortunately, there are often steps you can take short of taking someone to court. If they are handled professionally and strategically, these steps can often get the intended result on their own. Here we’ll take a brief look at cease and desist actions.
Cease and desist letters
If you need to stop an individual or another business from doing something that’s illegal, a cease and desist letter notifies them that you’re aware of their activity, that they need to stop immediately or by a specified date and that you will take more serious action if they fail to do that.
Maybe a competitor is comparing themselves to you by name in their advertising – falsely claiming to have lower prices or offer a more extensive product line. Perhaps someone is violating the terms of your contract with them. Another business might be using your intellectual property (like a logo or slogan) without permission.
A cease and desist letter isn’t legally binding, but it can begin a paper trail that you’ll need if you take further action. The stronger and more professional the letter is, the greater the chances are that it will get the intended results. That’s why it’s best if it’s written and signed by a legal professional.
Cease and desist orders
If the letter doesn’t get the offender to stop what they’re doing, the next step is typically a cease and desist order. This is a legal document that orders a party to stop their activity by placing an injunction on it.
The order must be approved by a court or government agency – whichever is appropriate. That means you need to present your case to the appropriate entity and provide evidence of the steps you’ve already taken (like the letter).
If the other party ignores the order or disputes the allegation that it’s doing anything wrong, you could still end up in court. However, by having addressed the matter quickly and with legal guidance throughout, you’ve improved your chances of coming out on top.