Got a cease and desist letter? What it means
A cease and desist letter is a demand, not a court order. See a sample read line by line, the six common kinds, and the choices you have.
Kyle MooreCo-founder · Georgia trial attorney
- 18 sources
- 7 min read
The short answer
A cease and desist letter is a demand from the other side to stop doing something. It is not a court order 1. The sender may sue if you don’t stop 215. What to check depends on the kind of claim, and a claim can be wrong: a court may find no infringement 2. Your choices include complying, negotiating or ignoring it 15.
Key points
- A cease and desist letter is non-binding. It is mostly sent so the sender can use it as evidence later if there is a lawsuit 1.
- Find the claim first: trademark, copyright, defamation, harassment, a contract or non-compete, or a debt collector. Each has its own checks 24121314.
- You can comply, negotiate or ignore the letter. One legal-aid group says to talk to a lawyer before you respond 15.
What is a cease and desist letter, and is it a court order?
The meaning of a is simple: it is a written demand to stop 1.
Cornell’s definition says it describes what someone says you did wrong, demands that you stop, and warns that legal action may follow 1.
It is not a court order. Cornell’s Legal Information Institute calls it non-binding, with no legal effect on its own 1.
It says the letter is mainly sent so it can be used as evidence in a lawsuit if the conduct continues 1.
A demand letter is a related letter. Cornell says it demands that the recipient take or stop an action, to begin negotiation 18. A cease and desist letter demands that specific conduct stop 1.
A cease and desist order is a different thing. That is a binding directive from an administrative agency 1.
California’s courts say a restraining order is issued through a court 14. A letter comes from the other side.
So the letter is the sender’s side of the story. It may be right. It may be wrong. Either way, you are not in court yet.
What does a cease and desist letter say, line by line?
Below is a sample for a common small-business case. A candle company says another shop’s name is too close to its trademark.
Every name, mark, address, number and date is made up. Real letters differ. Your letter is the guide, not this one.
Sample. Not a real letter.(All names, numbers and dates are made up.)
The label
This marks the letter as a sample. Real letters have no such label.
EXAMPLE & PLACEHOLDER LLP
100 Sample Street, Anytown, ST 00000
March 3, 2099
VIA CERTIFIED MAIL
Jordan Sample, Lantern Sample Candles LLC
200 Fiction Avenue, Anytown, ST 00000
RE: Unauthorized use of the SAMPLE LANTERN mark
Dear Mr. Sample:
This firm represents Sample Lantern Candle Co. (“Client”).
Client has sold candles under the name SAMPLE LANTERN since 2090 and owns U.S. Registration No. 0,000,000. You are selling candles online under the name LANTERN SAMPLE CANDLES.
Your use is likely to cause confusion. It violates 15 U.S.C. section 1114 and section 1125(a).
Client demands that you (a) stop using the name, (b) give up the domain lanternsamplecandles.example, and (c) confirm in writing that you have done so.
We must receive your written reply by March 17, 2099.
If you do not comply, Client is prepared to file suit seeking an injunction, your profits, damages, costs and attorney’s fees.
This letter is not a full statement of Client’s rights. All rights are reserved.
Sincerely,
(signature)
Pat Placeholder, Attorney
cc: Sample Lantern Candle Co.
Why it is there, and what to check
The label
This marks the letter as a sample. Real letters have no such label.
The letterhead
It tells you who is writing. Here it is a law firm. A copyright owner can send a takedown notice without a lawyer 4.
The date and delivery
The date helps you work out how long you have. Keep the letter and the envelope.
The RE line
It names the claim in a few words. Here it is trademark. Read this line first. It tells you which kind of letter you have.
Who they represent
The lawyer names the client. Check that it’s the real owner. Oregon Volunteer Lawyers for the Arts says to assess the sender’s proof of ownership 15.
The claim
ClaimThese are the facts the sender says. Check each one against your own records. A registration number can be looked up in the USPTO’s trademark database 2.
The legal basis
BasisThe letter names two federal laws. Naming a law is not proof. In court, the owner must show a valid mark, earlier rights, and likely confusion 2. A federal registration on the Principal Register brings a presumption of validity and ownership, which can be challenged in court 2.
The demand
DemandThis is what the sender wants. It can be more than “stop.” Here it adds a domain name. Read each demand on its own.
The deadline
DeadlineThe sender chose this date. It is the date after which the sender says it may act.
The threat
ThreatThe letter says what the sender may do. If an owner proves infringement, a court can order a defendant to stop and award profits, damages, costs and, in certain cases, fees 2. A court may instead find no infringement 2.
The reservation of rights
Read plainly, it says the letter is not everything the sender could claim. It is not a new demand.
The signature
It shows who stands behind the claim and where to reply. Keep a copy of the whole thing.
Read the RE line first. It tells you which kind of letter you have. The next section sorts the common kinds.
Which kind of cease and desist letter is it?
Start with what the letter says you did. The kind decides what to check. Where a rule differs by state, the text says so.
Trademark
Copyright
- Sender says
- Used a photo, text, music or other work without permission.
- Check this
- What work they mean, how you got yours.
- A court decides
- A court can grant injunctions 6.
DMCA takedown notice
Defamation
- Sender says
- You said something false that hurt their reputation.
- Check this
- Fact or opinion? Pure opinion is generally protected 12.
StateVaries a lot from state to state 12
Harassment
- Sender says
- You bothered them, and they demand that you stop.
- Check this
- A letter alone orders nothing 1.
- A court decides
- A restraining order is issued through a court 14.
StateCalifornia’s page. Other states may do it differently 14
Contract or non-compete
- Sender says
- You broke an agreement you signed.
- Check this
- Reading the agreement first, then the letter, is common practice.
- Non-competes
- The FTC’s federal rule is not in effect 9.
StateWhether a non-compete is legal differs by state 13
A “cease communication” letter to a debt collector
- Runs the other way
- You send it. You don’t receive it.
- What it does
- The collector must stop, with a few exceptions 7.
- What it doesn’t
- Erase the debt. The collector can still sue or report it 8.
Trademark. The sender says your name or logo is too close to theirs. Check whether they have a registration and what it covers 2.
The owner must show a valid mark, priority, and likely confusion 2. If the owner proves infringement, remedies may include an , profits, damages and, in certain cases, fees 2. Courts have power to grant injunctions here 3.
Copyright. The sender says you used a photo, text, music or other work without permission. Check what work they mean and how you got yours. A court can grant injunctions to stop copyright infringement 6.
A is different. It goes to the website or platform that hosts your material, not to you. The Copyright Office describes it as a request from the owner to the online service provider 4.
To keep its legal protections, the platform has to act quickly to remove the material, then tell you 4. You can do nothing, or send a .
If you send one, the platform may restore the material between 10 and 14 business days later, unless the sender says it has gone to court 45. Someone who knowingly misstates that material is infringing can be liable for damages 5.
Defamation. The sender says you said something false that hurt their reputation. Check whether it was a statement of fact or an opinion. Pure opinion is generally protected 12.
Defamation law varies a lot from state to state 12, so your state matters here.
Harassment. The sender says you bothered them and demands that you stop. A letter alone orders nothing 1.
A restraining order is different. California’s courts say it is issued through a court and can order a person not to contact someone 14.
That is California’s page. It sorts civil harassment orders by whether you’re in a relationship or closely related 14. Other states may do it differently.
Contract or non-compete. The sender says you broke an agreement you signed. Reading the agreement first, then the letter, is common practice.
The FTC’s federal non-compete rule is not in effect 9. Whether a non-compete is legal differs from state to state 13.
A “cease communication” letter to a debt collector. This one runs the other way. It is a letter you send, not one you receive.
If you tell a debt collector in writing to stop contacting you, the collector must stop, with a few exceptions 7. It doesn’t erase the debt. The collector can still sue or report it 8. The collector may also tell you about steps it may take, such as a lawsuit 78.
Our guide covers it: Got a letter from a debt collector? Here’s what it means.
What can happen if you ignore it?
The sources say little, and none gives a fixed outcome.
The letter has no legal effect on its own 1. A trademark owner may sue in state or federal court 2.
Oregon Volunteer Lawyers for the Arts says that if you ignore a letter, the sender may keep contacting you and may choose to bring the case to court 15.
That group says litigating a valid claim can be very expensive 15.
Cornell says the letter is mostly sent to be evidence later 1. Saving your copy is a sensible habit, not a rule.
What choices do you have?
This guide doesn’t tell you which to pick. Oregon Volunteer Lawyers for the Arts lists three options: comply, negotiate or ignore 15.
Comply
Do what the letter asks. An option if the claim is valid and litigation would cost more than complying 15
Negotiate
Work out a compromise with the sender 15
Ignore
The sender may keep contacting you and may choose to bring the case to court 15
Verify this choice with a lawyer 15
One legal-aid group says to talk to a lawyer before you respond 15.
Comply means doing what the letter asks. The group says it is an option if the claim is valid and litigation would cost more than complying 15.
Negotiate means working out a compromise with the sender 15.
Ignore is the third option. The group says to verify that choice with a lawyer 15.
The group also says not to respond to the letter without contacting a lawyer first 15.
Whatever you pick, a few steps are the same. Read the whole letter. Find the kind of claim. Gather your own documents 15. Write down the deadline.
Could a trademark notice be a scam?
These warning signs come from the USPTO and FTC on trademark scams. Both agencies write about fake trademark notices, not about cease and desist letters.
The USPTO says scammers often claim a problem with your trademark, pressure you to act now, and ask for a fee or personal information 10.
Fake trademark notices often demand a reply within 24 to 72 hours 10. They may use words like “United States,” “Trademark,” “Office” or “Agency” in their name 10.
Warning signs 1011
- Claims a problem with your trademark
- Pressures you to act now
- Asks for a fee or personal information
- Demands a reply within 24 to 72 hours
- “United States,” “Trademark,” “Office” or “Agency” in the name
- Says you’ll lose your trademark unless you pay right away
Checks 10
- Compare the name to the real USPTO
- Hover over the email address
- Look up your own application
- Read the fine print
The FTC says scammers impersonate the USPTO and say you’ll lose your trademark unless you pay right away 11.
To check, compare the name to the real USPTO. Hover over an email address. Look up your own application in the USPTO’s status system, and read the fine print 10.
If you think a notice is a scam, you can report it to the FTC at ReportFraud.ftc.gov 11.
When should you talk to a lawyer, and where is help?
People often talk to a lawyer when they don’t understand the claim, when they have been sued, or when the demand would change how they run the business. That is common practice, not a rule.
You don’t need a lawyer to read the letter. But the USPTO says an experienced trademark attorney can give an opinion on a claim’s strength 2.
Oregon VLA tells people to find a lawyer who specializes in the kind of rights involved 15.
Free and low-cost help exists:
Before any call, gather the letter, the envelope, and your records about the name, work or agreement it mentions.
Talk it through with Scribe
Tell Scribe what your letter says. It helps you understand your options in plain English and writes a summary you can share with a lawyer. Talking with Scribe is free.
Talk to Scribe for freeScribe is an AI assistant, not a lawyer. AI can make mistakes. Check important details, and talk to a lawyer before you act.
Common questions
Do I have to respond to a cease and desist letter?
The sources we read don’t say you must. The letter is non-binding 1. Oregon VLA lists complying, negotiating or ignoring as options 15.
Can a cease and desist letter be sent without a lawyer?
A copyright owner doesn’t need an attorney to send a DMCA takedown notice 4. The sources we read don’t say whether other letters need one.
Sources
- cease and desist letter (and cease and desist order), Wex · Cornell Legal Information Institute
- About Trademark Infringement · U.S. Patent and Trademark Office
- 15 U.S.C. 1116, Injunctive relief · Cornell Law School Legal Information Institute
- Section 512 of Title 17: Resources on Online Service Provider Safe Harbors and Notice-and-Takedown System · U.S. Copyright Office
- 17 U.S.C. 512, Limitations on liability relating to material online · Cornell Law School Legal Information Institute
- 17 U.S.C. 502, Remedies for infringement: Injunctions · Cornell Law School Legal Information Institute
- 12 CFR 1006.6, Communications in connection with debt collection · Electronic Code of Federal Regulations
- How do I get a debt collector to stop calling or contacting me? · Consumer Financial Protection Bureau
- Noncompete Rule · Federal Trade Commission
- Recognizing common scams; and How to avoid scams for trademark services · U.S. Patent and Trademark Office
- Scams and Your Small Business: A Guide for Business · Federal Trade Commission
- defamation, Wex · Cornell Legal Information Institute
- covenant not to compete, Wex · Cornell Legal Information Institute
- Restraining orders · California Courts Self-Help Guide
- Received a Cease and Desist Letter? · Oregon Volunteer Lawyers for the Arts
- Find Legal Help · American Bar Association
- National VLA Directory · Volunteer Lawyers for the Arts
- demand letter, Wex · Cornell Legal Information Institute
A Marine Corps veteran and Georgia trial attorney since 2013, Kyle brings his courtroom experience to Scribe’s founding team. Licensed in Georgia.
Scribe is an AI assistant, not a lawyer. A conversation does not create an attorney-client relationship. This article is general information, not legal advice.
cease and desist letter
A letter that describes what the sender says you did wrong and demands you stop. It is non-binding on its own 1.
injunction
A court order to stop doing something 2.
DMCA takedown notice
A request from a copyright owner to a website or platform to remove material 4.
counter-notice
A reply to a takedown from the person who posted the material, asking for it to be restored 4.
