Cease and Desist Letter

What is a Cease and Desist Letter?

Cease and desist letters are written notices demanding an immediate stop to illegal activity. These letters are issued to inform the recipient of alleged violations of the sender’s rights and to demand that the violations cease. Typically, the letter serves as a warning to the offender that legal action may be taken against them if they continue their misconduct. Recipients are usually given a set period of time to cease and desist - generally from 10 to 15 days. In this sense, although cease and desist letters are not necessarily legally binding, they do hold legal power and may be followed by a lawsuit if the receipt chooses to ignore it.

Cease and desist letters are fairly common in intellectual property law and may be used to enforce IP rights and prevent infringement.

Key Takeaways

  • Cease and desist letters are defined as written notices that inform the recipient of alleged misconduct or violation of the sender’s rights and demand that these violations cease immediately.
  • Anyone can issue a cease and desist letter, but they are typically sent by attorneys.
  • They are often used to stop infringements of intellectual property rights, such as copyrights, trademarks, and patents.

Cease and Desist Letters in Intellectual Property Law

When it comes to intellectual property law, cease and desist letters are typically used to stop alleged illegal activity such as copyright infringement. Duplicating branding under trademark or patent without permission may also result in a cease and desist letter. The letter should include details related to the sender's intellectual property rights, the creation in which it relates, and the alleged infringement.

By using a cease and desist letter for IP infringement, you may be able to avoid bringing formal proceedings for IP infringement that would cost you a significant amount of money, time and effort. In other words, if the sender ceases their actions after receiving the letter, the issue is resolved and no lawsuit is required. Moreover, if the IP issue eventually goes to court, the cease and desist letter will act as proof that the sender informed the recipient of the misconduct or violations.

Bottom Line

If you are experiencing some kind of violation to your intellectual property rights, it is imperative that you contact an attorney as soon as possible to assist in issuing a cease and desist letter. While you may think it’s simpler to write it by yourself, having an experienced intellectual property lawyer help with your letter can make all the difference. Besides knowing the correct legal language to use, the attorney will also be able to advise on which rights have been violated, if any.

In any case, if you have been served with a cease and desist letter, it is not something to be taken lightly. Ignoring it can lead to further legal action, so responding properly is crucial. Therefore, if you receive the letter, contact an IP lawyer right away.

Ask a Lawyer

Ask your own question and get advice from expert attorneys
Ask Question

Featured Intellectual Property Lawyers


33 years in practice
Employment Law, Immigration Law, Intellectual Property
View Profile

The Law Office of Mike Rothman

23 years in practice
Criminal Defense, Domestic Violence, DUI Law, Intellectual Property, Sexual Assault
View Profile

Abbasi Law Office PLLC

10 years in practice
Divorce & Family Law, Immigration Law, Intellectual Property
View Profile

Richardson Law Firm P.C.

12 years in practice
Hair Relaxers Lawsuit, Mass Tort, Personal Injury, Rideshare Lawsuits, Tepezza Lawsuit
View Profile

Adam Rieth - Injury Attorney

10 years in practice
Auto Accidents, Brain Injury, Motorcycle Accidents, Personal Injury, Truck Accidents
View Profile

Vanguard Attorneys

12 years in practice
Auto Accidents, Motorcycle Accidents, Personal Injury, Truck Accidents, Wrongful Death
View Profile


Are you looking for an attorney? Do you have questions about a legal case you are facing? Contact us now and we will put you in touch with a lawyer for free.
Attorney At Law is changing how clients connect with lawyers. By providing an innovative platform to lawyers who want to expand their practice’s reach, AAL is bringing law practices into the future.
6142 Innovation Way
Carlsbad, California 92009
Some of the content of this website may be considered attorney advertising under the rules of certain jurisdictions. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
crossmenuchevron-upchevron-down linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram