How To Write a Cease-and-Desist Letter

What Is a Cease-and-Desist Letter?

A cease and desist letter is a legal document that informs a business or person that they are engaging in illegal activities and commands them to stop immediately or face potential legal action. The purpose of sending this type of letter is to notify the offending party that their actions are unlawful and could result in a lawsuit and monetary damages if they do not stop engaging in the alleged wrongdoing.

Cease-and-desist letters are often used to address a possible legal claim in hopes of resolving it before the aggrieved party has to seek legal remedies through the necessary court.

What Are the Reasons for Sending a Cease and Desist?

Businesses often send these letters to protect themselves in different legal areas. Some typical uses for a cease and desist letter include:

• Intellectual Property Infringement. Infringement occurs when someone is using your intellectual property rights without your permission, such as unauthorized use of a patent, trademark, mark, or copyright. For example, if you have a coffee shop with a unique logo (e.g., a mermaid in green and white colors), someone can’t use your logo.

• Unfair Competition and Trade Practices. This occurs when someone is copying your business model or using deceptive advertising (i.e., “bait and switch”). For example, someone doesn’t use your exact logo but makes a deceptively similar logo (i.e., a merman in green and white colors).

• Breach of Contract. When someone does not comply with the terms of a contract they signed, they are in breach of contract. For example, you may have a non-disclosure agreement where an employee cannot contact your clients once they are not employed by you. The former employee breaches the contract if they call on your clients. If you have an employee who signed a non-compete agreement and suddenly works for a competitor, you may be able to send a demand letter asking them to stop. However, check the laws of non-compete agreements in your state to see if they are enforceable.

• Defamation. Defamation is when someone makes false statements that cause you harm. Slander is a form of defamation when false statements are verbal. Libel is when the statements are in writing or pictures, such as in social media posts. For example, a competitor advertises a lie that you employ underage workers.

• Harassment and Stalking. Harassment and stalking occur when someone purposely makes you fearful or annoyed by harassing behavior. For example, a competitor regularly throws trash on your storefront to deter customers from entering.

What Should a Cease and Desist Letter Include? 

When you draft your cease and desist letter, you should include:

• Your information (name, address, contact information)  

• Recipient’s information  

• A clear statement of the issue (i.e., unlawful or illegal behavior)

• Specific actions the recipient must cease  

• Legal basis for the demand (e.g., copyright law, contract terms)  

• Consequences of non-compliance (such as further action involving legal counsel)

• Deadline for compliance (the time frame they have to correct the behavior)

• Your signature and date 

Make Your Cease and Desist Letter with Our Free Template 

When drafting your letter, use a professional and assertive tone but avoid aggressive or threatening language. Below is a sample template to help get you started on a cease and desist letter:

After Completing Your Cease-and-Desist Letter 

Review for any errors and check to ensure the letter is not threatening or harassing. You can send the letter by certified mail with return receipts for proof of delivery and receipt of your letter.

Keep in mind that a cease and desist letter is a formal request, but you should be prepared to get legal help if your request is ignored. This could mean a lawsuit where a court issues a cease and desist order to the recipient of your letter. If they do not comply with the court order, they may be subject to fines and civil or criminal penalties.

It is a good idea to document all instances of activity after receipt of the letter in case the activity continues. This will be valuable information for a legal professional to have if you are going to court. If you have questions about cease and desist letters or need an attorney to start the legal process because your cease and desist request has been ignored, you can find a local business attorney using the FindLaw Lawyer Directory. 

Disclaimer: The information presented here does not constitute legal advice or representation. It is general and educational in nature, may not reflect all recent legal developments, and may not apply to your unique facts and circumstances. Consider consulting with a qualified business attorney if you have legal questions.