Can a private citizen send a cease and desist letter to someone without a lawyer?
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Can a private citizen send a cease and desist letter to someone without a lawyer?
Asked on February 2, 2012 under Business Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Can a private citizen do this? Yes--a cease and desist letter is simply a letter informing a person or business that they are infringing on some right of yours (e.g. your copyright or trademark) and that if they do not desist, you may or will take legal action. The only requirement is that you have the rights being infringing--that is, you can send, for example, a cease and desist letter if they are infringing your trademark, but not if they are infringing someone else's trademark.
Of course, while a private citizen can send such a letter him/herself, it will be taken much more seriously if it comes from an attorney.
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