Legal Question in Business Law in New Jersey

Cease & Desist

I have received a letter to cease and desist.

The letter states to obviously stop but also to pay a fee of $350

i am going to cease & desist, am i also required to pay this fee? and secondly since i am stopping at this first notification will there be any legal follow up (ie suing)?

Would there be a difference if i paid the fee or if i didn't in the follow up action?

thank you in advance for your time


Asked on 11/18/07, 9:47 pm

2 Answers from Attorneys
Richard Wolf Wolf Law Associates LLC

Re: Cease & Desist

Without knowing the factual context of your situation, I cannot answer your question completely. What is clear, however, is that unless you get a signed release from the person asking you to cease and desist, even if you pay them money, there is nothing preventing them from bringing a lawsuit.

This response is not legal advice but is solely for general informational purposes only.

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Answered on 11/18/07, 10:06 pm
John Corbett Corbett Law Firm LLC

Re: Cease & Desist

It would help to know what you are doing that the other party wants stopped.

The letter constitutes notice to you that some other person claims that you are doing something that affects their rights. That doesn't mean that they actually have those rights or can enforce them. If you are doing something that you don't mind giving up, the easiest way to deal with the situation may be to stop doing it. However, before you pay any money to anyone, they should prove to you that they actually have the rights asserted. Additionally, you should get a written release of claims against you. If that isn't to be part of the deal, a payment is a bad idea.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 11/19/07, 10:16 am


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