A cease-and-desist letter is not a court order.
A cease-and-desist letter demands that you stop using a name or a creative work, usually by a stated deadline. Ignoring it can lead to a lawsuit, and anything you write back in a hurry can be used against you later.
A cease-and-desist letter is a written demand to stop doing something, in this case using a trademark or copyrighted work. It isn’t a court order and isn’t legally binding by itself, but ignoring it can lead to a lawsuit and may be used as evidence that any infringement was deliberate.
On receiving one, don’t ignore it or admit anything; keep your records and get the claim reviewed before you reply. Anyone sending one should confirm their rights are solid first, because an overreaching letter can backfire.
What is a cease-and-desist letter?
A letter, usually from a lawyer, demanding that you stop an activity the sender says violates their rights, often with a deadline and a request that you confirm in writing.
Is a cease-and-desist letter legally binding?
No. It is a demand and carries none of the force of a court order. It does put you on notice of the claim, and continuing after receiving it can be used to argue willful infringement, which raises the stakes if the dispute goes to court.
A “cease and desist order” is different. A court or a government agency issues it, and it does carry legal force.
What should I do if I receive a cease-and-desist letter?
Note the deadline, keep every record of your use and when it started, and avoid public comment. Before you respond, have an attorney assess whether the claim holds up, since ignoring the letter and replying in a hurry can both hurt you.
- Check the claim. Do they own what they say they own, for the goods you sell, where you sell them? Who used the mark first?
- Pushing back is one option. You can also negotiate coexistence terms, rebrand on a timeline or combine them.
- Have counsel write the reply. Anything you write may be quoted back in the dispute.
If the letter also mentions your pending application, see trademark oppositions.
What should I not do after receiving a cease-and-desist letter?
Don’t ignore it, and don’t give in on the spot either. Hold off on rebranding, signing anything the sender enclosed, or promising to meet their deadline until someone has checked whether the claim holds up.
- Don’t call the sender or post about the letter, since either can end up as evidence.
- Keep your old listings, posts, invoices and packaging. They prove when you started using the name.
- Look up the sender’s registration in the USPTO database. Check that it is still live and which goods and classes it covers, because letters often claim more than the registration does.
What if I get a copyright cease-and-desist letter over an image?
Take it seriously, but check it before you pay. Demand letters over photos used on websites and social media are now a large industry, driven by AI-powered tools that scan the web for matches, and many demand far more than the sender could likely recover.
- Check ownership. Does the sender own the image, or represent the person who does?
- Check registration and timing. Statutory damages and attorney’s fees are generally available only if the image was registered before the infringement began, or within three months of first publication. Without them, the sender is often limited to actual damages, which are frequently small.
- Check your license. A stock license, written permission or platform terms may already cover the use.
- Take the image down while you assess the claim, and keep a record of where and when it was used.
How do I send a trademark cease-and-desist letter?
Confirm your rights first, including what you own, since when, for which goods, and whether their use is likely to confuse customers. The letter should identify your mark, the infringing use, what you want them to do and the date to do it by.
An aggressive or inaccurate letter can prompt the other side to sue you first, or go public and paint you as a bully. See trademark enforcement.
What should a trademark cease-and-desist letter include?
Your mark and its registration number, the goods or services it covers, the date you first used it, evidence of the other side’s use, what you want them to do, and a deadline that gives them time to respond.
Before it goes out, check the recipient’s own trademark filings, whether they are likely to sue first in their home court, and how the letter would read if they posted it online.
Can I write my own cease-and-desist letter?
You can, but a letter from counsel is taken more seriously and is less likely to overstate your rights. Overreaching claims are the most common way a DIY letter backfires.
More questions.
Q01What happens if I ignore a cease-and-desist letter?
The sender may escalate with a lawsuit, an opposition or cancellation at the USPTO, or platform takedowns. Ignoring it can also be used to argue any infringement was deliberate.
Q02How long do I have to respond?
The letter usually sets a deadline. The sender chose that date and no court imposed it, so asking for more time to assess the claim is common.
Q03Does a cease-and-desist letter mean I am being sued?
No. It is a demand letter. Many disputes are resolved at this stage without any lawsuit.
Keep reading.
Trademark Symbols (™ ® ℠)
When you can use ™ or ®, where the symbol goes and how to type it.
How to Do a Trademark Search
How to search the USPTO database and when a free search is not enough.
What Is a Trademark?
What counts as a trademark and how long the rights last.
Trademark Classes Explained
The 45 trademark classes and how to pick the ones that cover what you sell.
Trademark Registration
A clearance search and strategy before a USPTO filing that holds up.
Trademark Enforcement
Cease-and-desist letters, takedowns, UDRP, cancellations and monitoring.
Copyright
Copyright registration, DMCA takedowns when work is copied, and licensing.
Business Contracts
Custom contracts designed to hold up.
Business Formation
The right entity, filed correctly, in nearly any state.
Marketing Compliance
FTC and FDA review of ads, product claims and influencer deals.
Fractional General Counsel
A lawyer on speed-dial, without a full-time hire.
Trademark Monitoring
A year-round watch for copycat filings, with monthly attorney reviews.
Trademark Licensing & Monetization
Licensing, assignments, franchising and co-branding deals that turn a brand into income.
Business Legacy & Estate Planning
Plan who owns and runs the business, and the brand, after you.
IP Litigation
Trademark, copyright and trade secret disputes, taken to court when a letter isn’t enough.
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