Skip to content
Clausery

How to write a cease and desist letter

Published · Business deals, money and releases

A cease and desist letter is a formal request to stop doing something: using your trade mark, publishing a statement you say is false, harassing someone, or contacting a client who has moved to you. It creates a record and often ends the problem without a court case. It is not a court order, and it does not force anyone to do anything.

When a letter is the right step

  • Trade mark and copyright disputes. Someone is using a name, logo, photograph or text you own.
  • Defamation. A statement about you or your business is false and causing harm.
  • Harassment or unwanted contact. Messages continue after you have asked for them to stop.
  • Breach of a restrictive covenant. A former employee or contractor is soliciting clients or using confidential information.

Do not send one where the conduct is an emergency, such as ongoing abuse or a live security breach. Contact the police or a lawyer immediately. If a deadline is about to expire, a court application may be needed before a letter has time to work.

What the letter should contain

  1. Your details and the recipient's. Full names, addresses and any reference to the relationship or contract between you.
  2. The facts. What happened, with dates, links, screenshots or contract clauses. Keep it factual and specific.
  3. Your rights. The trade mark, contract term, copyright or legal right you say is being infringed.
  4. The demand. Stop the conduct, remove the material, confirm in writing, return confidential information or pay a stated amount.
  5. A deadline. A clear date and time to respond, usually seven to fourteen days depending on urgency.
  6. What happens next. Say that you will consider further legal action, but do not threaten something you will not do.
  7. Delivery method. Send by email and by tracked post or courier, and keep proof of delivery.

Sample wording

Dear [Name],

We act for [company] in relation to [the matter]. Our client owns [the trade mark / copyright / contract rights] described below.

On [date], you [describe the conduct] at [location or URL]. This [infringes our client's rights / breaches clause X of the agreement dated [date]].

We require you to:
1. stop [the conduct] immediately;
2. remove [the material] from [location] by [date];
3. confirm in writing by [date] that you have done so; and
4. provide the names of any third parties to whom the material was sent.

If we do not receive confirmation by [date], our client will consider further action without notice to you.

Yours faithfully,
[Name]

Before you send

  • Check the facts. A letter that misstates what happened weakens your position and may itself be actionable.
  • Match the demand to the harm. Asking for removal and a written confirmation is easier to comply with than an open-ended demand for money.
  • Keep the tone neutral. Insults and threats of criminal prosecution are rarely useful and can complicate settlement.
  • Consider a lawyer. Defamation, trade marks and restrictive covenants are technical. A short letter from a lawyer often carries more weight, but it is not required.

If they ignore it

Keep a copy of the letter, the delivery receipt and every response. Document continued conduct. A lawyer can advise on the next step: a further letter, a platform takedown notice, a settlement discussion or a court application. Do not publish the dispute while it is ongoing unless you have taken advice; it can affect both the case and your reputation.

The free cease and desist letter template sets out the parties, the conduct, the demand and a deadline in a plain Word letter. For an unpaid debt rather than ongoing conduct, use the payment demand letter and the guide on demand letters for unpaid invoices. If the dispute is about confidential information, the confidentiality clause explains the wording to rely on.

General information, not legal advice. Defamation, trade mark and harassment law differ by country and state; take advice before sending a letter about a serious dispute.

Questions

Is a cease and desist letter legally binding?

No. It is a formal request, not a court order. It becomes evidence that the recipient was told about the conduct and had a chance to stop, which can matter if the dispute goes further.

How long should the recipient have to respond?

Seven to fourteen days is common for a letter about ongoing conduct. Urgent cases may need a shorter deadline, but a deadline that is impossible to meet can look unreasonable.

What if the letter is ignored?

Document the continued conduct and take legal advice on the next step. Options include a further letter, a platform takedown notice, settlement discussions or a court application, depending on the harm and the urgency.

More on business deals, money and releases

Browse all guides by topic