A cease and desist letter is a formal written demand that someone stop a specified activity. It has no legal force on its own — it is not a court order — but it serves important purposes: it puts the recipient on formal notice, creates a documented record, and often prompts compliance without litigation. In many cases, a well-drafted letter resolves the issue entirely.
When to send a cease and desist letter. C&D letters are appropriate for trademark or copyright infringement, defamation and false statements, harassment or stalking, breach of non-compete or NDA agreements, debt collection harassment, and unauthorized use of personal information. Before sending, verify you have a legitimate legal basis for the demand — sending a meritless letter can itself create legal exposure.
What a cease and desist letter must include. An effective C&D letter clearly identifies the parties, describes the offending behavior in specific terms, states the legal basis for the demand, specifies what must stop, sets a deadline for compliance, and describes the consequences of non-compliance — typically litigation. Vague demands are easier to ignore — be specific about what you want the recipient to do and by when.
IP infringement cease and desist letters. IP C&D letters should identify the specific right being infringed (registration numbers where applicable), describe the infringing conduct, and demand immediate cessation plus removal of infringing material. Many IP disputes are resolved at this stage without litigation. The DMCA provides a specific takedown process for online copyright infringement separate from a traditional C&D letter.
Harassment and stalking. If you are experiencing harassment or stalking, a C&D letter should be part of a broader response that may include police reports and restraining orders. The letter creates a paper trail and may stop harassment from someone who did not realize their behavior crossed a line. For more serious situations, consult law enforcement — a letter alone may not provide adequate protection.
After sending — what to expect. Many recipients comply immediately, especially for clear IP infringement or harassment. Others may respond through their attorney, dispute the claims, or ignore the letter. Document all communications after sending. If behavior continues, next steps are typically a follow-up with escalated language or filing in court. The original C&D letter is Exhibit A in any subsequent litigation.