As a business owner or entrepreneur, it’s important to protect your intellectual property (IP). You may receive a cease and desist letter if a third party believes you are infringing on their IP. In order to understand what to do when you receive a cease & desist letter in Colorado, it is highly advised that you consult an experienced lawyer about your situation.

Understanding Colorado Cease and Desist Laws

A cease and desist letter is a tool used by an individual or business to warn other parties that they must stop performing actions that are harmful, intrusive, or could otherwise be considered infringement.

While these letters can be used in instances of defamation, harassment, or breach of contract claims, they are also frequently used in copyright and trademark concerns. In the fiscal year 2021, of the 36 copyright and trademark offense cases reported to the U.S. Sentencing Commission, 91.4 percent of offenders had little to no prior criminal history. Approximately 60 percent were sentenced to prison.

Cease and desist letters typically include:

• Identification of the parties involved
• A description of the actions performed
• An official request that the action or actions be ceased
• A warning including the potential penalties for not complying
• The time limit for the other party to comply in ceasing the action

Steps to Take When You Get a Cease and Desist

If you have received a cease and desist letter, it can feel intimidating and leave you unsure of how to proceed. These are the primary steps to take when you receive a cease and desist letter:

• Contact your legal counsel: As your representation, your lawyer can verify the letter’s authenticity and evaluate the circumstances to determine whether you have truly violated any terms or infringed on the other party’s intellectual property.
• Create a response to the letter: It is important that any responses are calm and professional to avoid escalating the situation. Any arguments or negotiations must also have a strong basis.
• Cease the action, negotiate, or do nothing: If the claim has no legal basis, you may not have to stop any action. The issue may end there, or if the other party disagrees, the case may include further legal action. If your attorney determines there is a valid problem, you can cease the action or negotiate a solution without involving the court.

Why You Should Hire a Cease and Desist Lawyer

It is a good idea to hire a cease and desist lawyer because dealing with a formal warning on your own can be overwhelming and distressing, especially if you did not knowingly break any laws. Working with an attorney right away can help bring clarity to the situation and allow you to further understand what’s going on. As your legal counsel, your lawyer can also advise you on how to move forward before guiding you through the process.

When you are in need of a capable cease and desist attorney, look no further than Four Reasons Legal. Founding attorney Steve Zemanick has more than 15 years of experience assisting clients with intellectual property concerns, including cease and desist letters. Our professional legal team is not only experienced in drafting cease and desist letters, but we also know how to effectively respond to them, and if necessary, defend against another party’s claim in court.

Where Are Cease and Desist Cases Processed?

A cease and desist case can be initiated outside of court and without an official filing once an attorney or rights holder sends the letter. If the case escalates and requires court intervention, the venue can vary depending on where you are located and the type of claim.

For example, most cease and desist matters regarding trademark infringement in the Denver area are most likely to go through the Alfred A. Arraj U.S. Courthouse. This legal venue is located at 901 19th Street, Denver, CO 80294.

Since courthouses and other important details can vary case to case, be sure to verify any information with your cease and desist attorney.

FAQs

What Is the Purpose of a Cease and Desist Letter?

The purpose of a cease and desist letter is to warn another individual, business, or party that they are infringing on one’s intellectual property rights. Someone may receive a cease and desist if a competitor believes they are infringing on their trademark or copyrighted property. A cease and desist letter itself is not legal action, but rather a notice that warns of future legal action if the action described in the letter doesn’t stop.

Do I Need to Respond to a Cease and Desist in Colorado?

In some instances, it may not be necessary for you to respond to a cease and desist letter in Colorado. If the letter is inauthentic or its claims are inaccurate, you may not need to respond, since no laws have been broken. It’s still recommended that an attorney review the cease and desist to determine how to proceed. Even if you are not in the wrong, it may still be prudent to send an official response.

Do I Need a Lawyer for a Cease and Desist Letter?

In the state of Colorado, you are not required to get a lawyer simply because you received a cease and desist letter. That said, it is usually advised that you do consult an attorney to verify whether you have broken any laws. A skilled lawyer can assess the situation and draft a response, whether the cease and desist is warranted or not. An attorney can also represent you in any negotiations or other interactions the case requires.

How Long Does It Take to Resolve a Cease and Desist?

In Colorado, how long it may take to resolve a cease and desist can vary quite a bit because each case is different. Resolution may take anywhere from a few days to several months, depending on the state deadline, whether you stop the action or choose to respond, negotiations, and whether or not the case requires court intervention.

Consult an Intellectual Property Attorney Today

If you have been accused of copyright or trademark infringement, allow the experienced professionals at Four Reasons Legal to oversee your cease and desist case. Reach out to us today to schedule a consultation with a capable and knowledgeable attorney.