What to Do When You Get a Cease and Desist Letter
Do not ignore it, and do not respond in anger. A cease and desist letter is a demand, not a court order, but it often comes before a lawsuit. Check who sent it and whether the claim has merit, such as trademark, copyright, defamation, contract or harassment allegations. Preserve relevant documents, avoid admitting fault, and consider having a lawyer respond, negotiate or push back.
A cease and desist letter tells you to stop an activity the sender believes is unlawful and often threatens legal action if you do not (Cornell LII). Anyone can send one; you do not have to be a lawyer.
What it is and is not
- It is a warning and a record that you were notified, which can matter later, for example for willfulness in intellectual property cases.
- It is not a court order. A cease and desist order issued by a court or agency is different and must be obeyed.
Common subjects
- Trademark or copyright infringement (15 U.S.C. 1114; 17 U.S.C. 504)
- Defamation
- Breach of contract, NDA or non-compete
- Debt collection or harassment
- Trade secret misuse
Step 1: Verify and read carefully
Confirm the sender and their lawyer are real. Identify exactly what they claim and what they demand.
Step 2: Evaluate the claim
- Do they own the right they claim?
- Is your use actually infringing, or is it fair use or a different market?
- Is the statement opinion or true?
- Does the contract say what they claim?
Step 3: Preserve evidence
Keep all documents, posts, emails and records. Do not delete content in a way that destroys evidence, though you may choose to pause an activity while you evaluate.
Step 4: Decide how to respond
| Option | When it fits |
|---|---|
| Comply | The claim is strong and the activity is not important to you |
| Negotiate | A license, rebrand timeline, or modified use may satisfy both sides |
| Push back | The claim is weak; a lawyer's letter explaining why can end it |
| No response | Rarely wise, but sometimes appropriate for frivolous letters |
Avoid admitting wrongdoing in writing. Watch deadlines in the letter, though they are not legally binding.
Watch for abuse
Some letters are used to intimidate critics. Many states have anti-SLAPP laws that protect speech on public issues from meritless suits.
Sending your own
A cease and desist letter should be factual, specific about the conduct, and avoid threats you cannot carry out.
A business lawyer or IP lawyer can assess risk and respond. See also trademark infringement.
Sources
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This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.