Cease and Desist Letter

What is a cease and desist letter?

A cease and desist letter is a formal notice that informs the recipient of their own unlawful or unauthorized behavior and outlines the legal consequences they could face if they don’t stop. It essentially serves as a warning, letting them know their actions are violating the rights of someone else, and giving them the opportunity to correct the situation before facing further legal action.

There are a few common scenarios where people often send cease and desist letters. If you’re the victim of harassment or defamation of character, for example, you might try sending a cease and desist letter to see if it’s enough to make the offending party stop their behavior. Or, if you believe someone has knowingly stolen your intellectual property—such as a product or idea that is protected by a trademark, copyright, or, patent—you can send a cease and desist letter outlining exactly how your intellectual property rights have been infringed upon, and warning them that you intend to take legal action if they don’t stop.

Cease and desist letters can be powerful deterrents—but they shouldn’t be confused with cease and desist orders. Cease and desist orders are court orders that require the offending party to stop their behavior until the courts have determined whether or not their behavior is actually in violation of another person’s rights. If they refuse, they could face immediate legal consequences.

A cease and desist letter, on the other hand, isn’t legally binding, and it’s essentially up to the recipient to decide whether to take it seriously.

FAQs

What happens when you send someone a cease and desist letter?

When you send someone a cease and desist letter, you’re letting them know you believe their actions have violated your rights and want them to stop. But what happens next will depend on how your letter is received. The person receiving your letter may have unknowingly violated your rights and may be apologetic and stop their behavior immediately. Or, they may disagree that they’ve done anything wrong and wait to see if you decide to move forward with legal proceedings. Or, they may do nothing at all.

Sending a cease and desist letter is essentially a first step that will help you determine whether you need to take further legal action.

What proof do you need for a cease and desist letter?

Your proof and desist letter should have a description of the potential infringement the recipient has made, and your case will feel stronger the more evidence you provide. Depending on the nature of the perceived infraction, this might include photographs and screenshots, or proof of your own copyrights, trademarks, and patents.

Can you send a cease and desist letter without a lawyer?

A cease and desist letter isn’t a legally enforceable document, so you may not need a legal professional to help you draft it. However, there are some benefits to having a lawyer help you draft such a letter. They can draw from their expertise to help you draft your letter in a manner that’s clear and shows you gave a reasonable timeline for the recipient to cease their behavior. This may be helpful should your case progress to legal proceedings later.

What happens if you ignore a cease and desist letter?

If you receive a cease and desist letter and you ignore it, you won’t necessarily face legal consequences. However, it may spur the sender to escalate their claim with a court or government agency, and you may receive a cease and desist order instead. Cease and desist orders should not be ignored as they are legally enforceable.