Cease and Desist Letter

A cease and desist is a precursor to litigation, not a substitute for it. The point of the letter is to put the recipient on notice, clearly, professionally, and on the record, that conduct must stop and that consequences will follow if it does not.

Calibrating a cease and desist properly

The drafting needs to be calibrated to the audience and the objective. A letter that overstates the case or threatens action that will not be taken weakens the position; a letter that understates the case fails to focus the recipient's mind.

Sometimes a well-drafted letter resolves the matter. Sometimes it produces a useful negotiation. Sometimes it sets up the litigation that follows. In all three cases, the letter is doing real work, and the drafting matters.

Send a cease and desist when you become aware that someone is copying your content, using your trademark without permission, or misusing your confidential information. Acting promptly is important. Delay can weaken your position and allow the damage to continue.

Example: a typical scope and fixed fee

For a single cease-and-desist letter addressing copyright, trademark, or confidentiality infringement, the typical scope looks like this.

What's included

• A consultation to understand the infringement and your evidence
• Drafting of a cease and desist letter setting out your rights, the infringement, and the action you require
• One round of revisions based on your feedback
• Final version ready to send

What's outside this scope

• Court proceedings and litigation
• Negotiation with the other party beyond the scope described above
• Advice on the strength of your IP rights (see IP Audit and Report)
• Tax advice

Fixed fee: £350, no VAT.

How I will approach your matter

Once you have instructed me, I will arrange a consultation to understand the infringement and review your evidence before drafting a letter that is clear, legally sound, and carries the weight it needs to.