Cease and Desist Letters: Balancing the Punishment for Bad Faith Against the Punishment for Bad Letters
There is no doubt that cease and desist letters serve a very important purpose in the litigation process, particularly in legal matters related to the Internet. Many causes of action have bad faith as either an essential element or a factor that increases damages.
A party’s refusal to correct its acts after receiving a legitimate cease and desist notice can be interpreted as a sign of bad faith. Although a recipient of a cease and desist notice has
every right to decline pre-litigation requests without adverse consequences, he must do so in good faith. Good faith means a …