Copyright Cease and Desist Letter

The first thing you should do when you receive a Cease and Desist Letter or any other legal document is consult an attorney. It's the best way to avoid doing something that could compromise your ability to take action later.

No immediate legal action will follow if you don't act on a Cease and Desist Letter. This is true regardless of how sound the claims in the letter are. However, it's wise to consult an attorney even if you don't plan on taking immediate action based on the letter. Ostensibly, the long-term consequences of ignoring the Cease and Desist Letter are legal actions taken against you as outlined in the document.

Whenever possible, use certified or registered mail to send a Cease and Desist Letter. If you need the letter delivered quickly and want to make sure it's delivered to the right person, you can use a process server to serve it.

No. Any adult can draft and send a Cease and Desist Letter for a perceived breach of their rights. However, in complicated cases of intellectual property infringement, contact an attorney familiar with that area of the law. If you plan on following through with a civil claim, you will likely need a lawyer anyway, so it's a good idea to involve them in the process as early as possible.

Yes. You're within your rights to start legal action without alerting the offending party in advance. However, the offending party could claim they were unaware of an infringement of your rights. It might take longer to obtain an injunction, and you might receive less in damages if you win the case.
A Cease and Desist Letter can help you avoid civil proceedings entirely, saving time and money. For most small claims, this is the best course of action for settling a dispute.