A Registered Design Cease and Desist Letter (also known as a “letter of claim” or a “letter before action”) is designed for use as a first step when enforcing intellectual property rights. If you or your business becomes aware that another party is infringing your registered design, action should be taken quickly once you are in possession of all the relevant facts. The key value of a cease and desist letter is that it puts an infringer on notice that their activities are known and aims to resolve the matter without recourse to costly and potentially time-consuming litigation.
When providing details and evidence of the alleged infringement, it is important to strike a balance: Enough detail should be provided to support the allegation, but not so much that information is revealed that would place the accuser at a disadvantage. Evidence of infringement may include – to name but a few examples - specimens, photographs, marketing materials and other documents.