Cease and desist questions people actually ask.
What is a cease and desist letter?
A cease and desist letter is a formal written demand that someone immediately stop conduct that is unlawful or that infringes your rights, infringement, defamation, breach of contract, and so on, and put right what they have done. It is not a lawsuit and does not start court proceedings, but it carries legal weight: it sets out the right being violated, demands specific action by a deadline, and warns of legal consequences if ignored.
What is the difference between a cease and desist letter and a lawsuit?
A cease and desist letter is a demand to stop; a lawsuit is the formal start of court proceedings. The letter is faster, far cheaper, requires no court filing, and frequently resolves the matter on its own, many recipients comply rather than risk litigation. A lawsuit is what may follow if the letter is ignored. The letter is usually the first step; the lawsuit is the escalation.
Is a cease and desist letter legally binding?
No. A cease and desist letter is a demand, not a court order, so the recipient is not legally obliged to obey it simply because they received it. Its power is practical: it puts them on formal notice, signals you are serious and have engaged a lawyer, and creates a record. If they ignore a valid demand, your next step, a lawsuit or formal complaint, is where a binding, enforceable order can come from.
Can I send a cease and desist letter myself?
Yes, you can write one yourself, and for very minor matters that is sometimes enough. But an attorney-drafted letter carries materially more weight: recipients take it more seriously because it signals you have already engaged counsel and are prepared to act. More importantly, a lawyer assesses whether your claim is actually strong before sending, which avoids the real risk of a DIY letter that overreaches and backfires.
What happens if the recipient ignores the letter?
Then you decide whether to escalate. Depending on the matter, the next step might be a lawsuit, an application for an injunction, a formal complaint (for example a domain UDRP complaint or a platform takedown), or a negotiated resolution. The letter itself becomes useful evidence at that stage, it shows you put the other side on notice and gave them a chance to comply. We advise on the right escalation.
Do I need a registered trademark or copyright to send one?
Not always. Registration strengthens your position significantly, a registered right is far easier to assert, but unregistered rights can sometimes still support a demand (for example, passing off for an unregistered mark, or copyright, which exists automatically). We assess what you hold and how strong it is. If registering first would make your position much stronger, we will tell you.
Can a cease and desist be sent internationally?
Yes, a demand letter can be sent to a recipient in another country. But its practical effect depends on the law of the recipient’s jurisdiction, and enforcing it if ignored means acting under that local law. For cross-border matters we draft the demand and, where the situation needs action in a specific foreign jurisdiction, work with local counsel there so the demand and any follow-through carry proper weight. We are honest about what a letter can and cannot achieve across borders.
I received a cease and desist letter. What should I do?
Do not ignore it, and do not panic-comply with every demand either. Some cease and desist letters rest on strong claims; many overreach. The right move is to have the claim assessed: is the right valid, is the conduct actually infringing, are the demands reasonable? We assess letters you have received and draft a measured response that protects your position, whether that means pushing back, negotiating, or complying on sensible terms.
How much does a cease and desist letter cost?
We work on a fixed fee, known upfront, with no hourly surprises, a small fraction of what litigation would cost. The exact figure depends on the complexity of the matter and whether it needs a claim assessment first. The initial assessment of your situation is free.