What Is a Cease & Desist Letter?
A Cease & Desist Letter is often times the first step to asking an individual, or a business, to stop an illegal activity. The purpose of the letter is to threaten further legal action if the behavior does not stop.
When to Send a Cease & Desist Letter? Specific Cease & Desist Templates
A Cease & Desist Letter may need to be sent in a number of circumstances including:
- Defamation, Slander, and Libel
- Trademark Infringement
- Copyright Infringement
- Patent Infringement
- Harassment
- Debt Collection (to collection agency or creditor under Fair Debt Collections Practices Act)
- Breach of Contract
Minnesota Attorney Aaron Hall on Cease & Desist Letters
Copyright Cease & Desist Letter Template
The following is a Cease and Desist Letter template for those who are looking for a sample form to use as an example. This Cease and Desist Letter is solely for use with copyright infringement (it could be modified for other purposes), and is from the perspective of a Minneapolis attorney writing on behalf of a client whose copyrighted works were being infringed.
Warning: You should not use this Cease and Desist Letter without consulting first with an attorney to ensure that it complies with the law in your jurisdiction. Also, Cease and Desist Letters are best sent by attorneys because they carry more weight when a lawyer writes a letter threatening legal action if someone doesn’t cease and desist illegal conduct.
Note: A cease and desist letter is the first of many consequences that may arise from infringing on someone else’s copyright.
Copyright Infringement Cease & Desist Letter Template | Sample Form
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Here is the copyright infringement Cease and Desist Letter sample template form:
CEASE AND DESIST DEMAND
Pursuant to Title 17 of the United States CodeFebruary 20, 2011
John Doe
2812 Anthony Lane South
Minneapolis, Minnesota 55418Dear Mr. Doe:
This law firm represents [CLIENT NAME]. If you are represented by legal counsel, please direct this letter to your attorney immediately and have your attorney notify us of such representation.
We are writing to notify you that your unlawful copying of [CLIENT’S COPYRIGHTED WORK] infringes upon our client’s exclusive copyrights. Accordingly, you are hereby directed to
CEASE AND DESIST ALL COPYRIGHT INFRINGEMENT.
[CLIENT NAME] is the owner of a copyright in various aspects of [CLIENT’S COPYRIGHTED WORK]. Under United States copyright law, [CLIENT NAME]’s copyrights have been in effect since the date that [CLIENT’S COPYRIGHTED WORK] was created. All copyrightable aspects of [CLIENT’S COPYRIGHTED WORK] are copyrighted under United States copyright law.
It has come to our attention that you have been copying [CLIENT’S COPYRIGHTED WORK]. We have copies of your unlawful copies to preserve as evidence. Your actions constitute copyright infringement in violation of United States copyright laws. Under 17 U.S.C. 504, the consequences of copyright infringement include statutory damages of between $750 and $30,000 per work, at the discretion of the court, and damages of up to $150,000 per work for willful infringement. If you continue to engage in copyright infringement after receiving this letter, your actions will be evidence of “willful infringement.”
We demand that you immediately (A) cease and desist your unlawful copying of [CLIENT’S COPYRIGHTED WORK] and (B) provide us with prompt written assurance within ten (10) days that you will cease and desist from further infringement of [CLIENT]’s copyrighted works.
If you do not comply with this cease and desist demand within this time period, [CLIENT] is entitled to use your failure to comply as evidence of “willful infringement” and seek monetary damages and equitable relief for your copyright infringement. In the event you fail to meet this demand, please be advised that [CLIENT] has asked us to communicate to you that it will contemplate pursuing all available legal remedies, including seeking monetary damages, injunctive relief, and an order that you pay court costs and attorney’s fees. Your liability and exposure under such legal action could be considerable.
Before taking these steps, however, my client wished to give you one opportunity to discontinue your illegal conduct by complying with this demand within ten (10) days. Accordingly, please sign and return the attached Agreement within ten (10) days to
[FIRM NAME]
[FIRM ADDRESS]
[FIRM CITY, STATE, ZIP]
Fax: [FIRM FAX NUMBER]If you or your attorney have any questions, please contact me directly.
Sincerely,
[NAME]
Attached page:
Copyright Infringement Settlement Agreement
I, ___________________, agree to immediately cease and desist copying [CLIENT’S COPYRIGHTED WORK] in exchange for [CLIENT] releasing any and all claims against me for copyright infringement. In the event this agreement is breached by me, [CLIENT] will be entitled to costs and attorney’s fees in any action brought to enforce this agreement and shall be free to pursue all rights that [CLIENT] had as of the date of this letter as if this letter had never been signed.
Signed:________________________________
Dated:________________________________
November 2, 2011 1:01 pm
Hi Aaron,
I do not live in Minnesota, but I am interested and finding out more information on a cease and desist order and how it pertains to non-pornographic images of a minor? My son is 9 months old and my sister-in-law has continuously posted pictures of our son on her Facebook after we have asked her not to, we do not want any pictures of him on Facebook. I feel as his parents we have the right to decide if, when and where are son’s pictures are used. Would a cease and desist letter be applicable in this situation?
Thank you,
Misty
October 31, 2011 10:10 am
Aaron; was wondering if you received my question regarding allegations of sexual abuse within family and if a cease and desist letter is warranted?
October 29, 2011 9:47 pm
Hi Aaron,
Could you tell me if a C&D is an appropriate action for this situation?
I have an established website (www.saratogamama.com) and an LLC with a DBA filed for SaratogaMama. Another website called Saratogamom.com has started up and I am concerned about our names being too similar. Is there anything I can do in this situation? Thanks in advance!
October 28, 2011 1:42 pm
Jerry:
To answer your question, it might help to provide an overview of the effect of a cease and desist letter. A cease and desist letter is merely a letter. Its only legal effect is putting a party on notice. It also has a practical effect of trying to resolve a conflict. However, there may be a better way to resolve many conflicts besides a cease and desist letter. Thus, the question in each situation is this: what will likely be the most effective way to resolve this conflict?
With family members, a cease and desist letter may do more harm than good because a cease and desist letter can be perceived as harsh and formal.
You asked about what type of attorney to seek. There aren’t many attorneys specializing in defamatory allegations of sexual abuse. However, you might consider either a family law attorney (experienced in allegations within a family) or business attorney (experienced with defamation).
Aaron
October 27, 2011 1:35 pm
Aaron; my sister has accused me and my deceased Father of sexual abuse which allegedly occurred 50 years ago, she never me about this allegation until 4 years ago, she recently told her Son, my nephew, who told his wife who told, on and on, I vehemently deny this ridiculous allegation, however, I am a public figure and I’m afraid my reputation has been damaged as well as my relationship with some members of my family; can I send a cease and desist letter? If so, what type of attorney should I seek?
October 26, 2011 9:45 am
Grant:
Yes, a cease and desist letter would be an appropriate first step in this situation.
Aaron
October 25, 2011 10:32 pm
A former employee, who worked on landscape designs while she was working for us, started to consult with another company and began referring work to them. They were using an image on their website from a project that our company did while she was working for us. We notified them and they took the image down. However, she is still using images of projects that she worked on during her employment at our company on her own website and not giving credit to our company. Our competitor company strongly promotes her, even though she is not technically their employee. Would a C&D be appropriate in this situation?
October 24, 2011 9:15 am
Ruth:
Yes, a cease and desist letter is certainly an available option for your situation. Whether it is the best strategy is another question, but that would require a compete analysis of the situation.
You do not need to name or “out” your sources in your cease and desist letter.
Aaron
October 24, 2011 9:12 am
I am on the board of directors of a non profit. A former employee left and is spreading rumors and has taken several paying clients from the non profit (we have programs and classes for kids and adults).
This has been over a 6 month period and it seems to be getting worse. Should we send a cease and desist letter? Can we do that without naming or “outing” the sources who have told us about what she is saying?
October 17, 2011 11:23 am
Sarah:
This problem goes beyond a cease and desist letter. You are welcome to contact my office or another attorney to assist you with this situation.
Aaron
October 15, 2011 3:24 pm
Aaron,
My parents are getting a divorce. I am an adult, living with my father. When I was out having dinner with my mother, he stole all my gold and diamond jewelry and refuses to give it back. My uncle lives two doors down, so he probably put it all there. What can I do to make him give my jewelry back? I don’t want to be involved in the divorce, but he keeps dragging me into the middle of the situation. My uncles are also pressuring him to kick me out of the house. I don’t pay rent in money, but I contribute to landscaping, groceries, having a patio built, things like that. When I confronted him about the jewelry, he threatened my clothes, shoes and handbags were next. Help!
October 11, 2011 8:16 am
Kevin:
Yes, you could use a cease and desist letter as a first step to seeking an end to the unlawful use of your copyrighted images.
Aaron
October 10, 2011 11:18 pm
During 2007, photographic images were taken by by me as request for a statue (without compensation) – Images were (without permission or payment) altered and enlarged to be used in public domain as a fund raiser for the statue project.
Seeking the removal of intellectual property and compensation for use of said images since 2007.
October 10, 2011 10:32 pm
Nancy:
A cease and desist letter is not the appropriate way to handle someone who won’t leave your home. You should simply tell the person to leave your home, and if the person won’t leave, tell law enforcement that the person is trespassing and you want the person removed.
If law enforcement won’t enforce the law, then you can seek a court order, but that seems unnecessary and expensive.
Aaron
October 9, 2011 3:46 pm
We have been having a friend staying with us and we want to get him out of our house but we were told by our local sheriff that we have to have a cease and desist letter sent to him, how do i get the form that I need in order to get him out the legal way without getting myself in trouble with the law
October 8, 2011 10:32 pm
Beth:
Yes, a cease and desist letter is an appropriate way to handle inaccurate information posted on a website.
Aaron
October 8, 2011 5:13 pm
Hi,
So I am a junior in college and until last year I was in an international sorority. I no longer am and my problem is that I am still getting billed from stuff after I was gone. I went to the girl in charge and she took some of the charges away and I paid what we agreed on. The thing is the website says I still owe money and the girl I talked to knows this so she made a note about it. My fear is that somewhere down the line someone will send me to collections because the website says I owe money. I was wondering if a cease and desist letter could be sent to the sorority to have them take down my account?
October 6, 2011 4:35 pm
Robin:
You mentioned that you have your business name trademarked. That could mean that you have a
The type of trademark you have will be an important factor in analyzing your situation. There will be a number of other important factors. The bottom line is that in a situation like this, you need to consult with a trademark attorney in your state to determine your legal rights and options. If you are in Minnesota, I would be happy to help you if you call our office and schedule an appointment (usual attorney rates apply).
Aaron
October 6, 2011 4:29 pm
hi-i have my business name trademarked. Another business with a similar name (also trademarked, but under different categories from my type of business) just sent me a cease and desist letter giving me 14 days to stop using my registered name. Do I need to comply with the letter, or can I continue to use my trademarked name until a judge orders otherwise?
September 17, 2011 3:04 pm
Paul:
Owning a .com or registering a business with the Secretary of State does not give you trademark rights. Trademark rights are established by using a mark in commerce (advertising, having sales, etc.). Thus, the question is whether you or the competitor used your business name in commerce first. Whoever used the business name in commerce in a geographic area first has the common law trademark rights to that name in that geographic area.
Aaron
September 17, 2011 2:17 pm
Hi Aaron,
About a year ago I started a graphic design business with a partner, and it has since become successful. I recently searched our business name on Google, and another graphic design business with exactly the same name, and located in the same state came up. These people did not have a .com address (it was a Wordpress url), nor were they listed as a registered business in my state. I don’t know how long they have been operating for, but what are my rights? Technically they do not have there name or business registered in the state and my company IS registered under that name.
Thanks so much!,
Paul S.
September 12, 2011 2:07 pm
Kelly:
Yes, a cease and desist letter would be appropriate under these circumstances.
Aaron
September 12, 2011 1:59 pm
Hello Aaron,
My friend is a graphic designer in California and she was contracted by a company to create a flyer and other materials. She performed the work and was paid; however, now she has found her work on another graphic designers website and he is claiming it as his own, using it as an example of his work to strum up business. Would it be appropriate for her to send a cease and desist letter and demand that this man discontinue using her work as his own? Thank you in advance for your help.
Regards,
Kelly
September 7, 2011 10:05 am
Bryan:
As a general rule, someone who registers a trademark (like you) cannot prohibit others from continuing to use the mark in the same geographic area and industry they have been using it before the registration. The reason is, even though they did not register the mark, they have a common law trademark that preserves their right to continued use. This applies to URLs as well.
Aaron
September 6, 2011 11:25 pm
Hi Aaron,
I recently filed for a Trademark that had been abandoned. The Trademark is successfully being processed in my name for my music band, with my information in the public view of that particular Trademark.
My question is, there are a few bands out there with the same name, in direct conflict with our Trademark. I assume that C&D is the best option to use for these other bands? Also, if they have websites where our Trademarked name is used, what are my rights there? (an example would be through a music specific site, like ReverbNation.com/MyBandName – that URL should legally belong to us because they are a band and thats a direct violation, correct?)
This is all in the name of being able to consistently promote our music as a business. We do not want people searching our band name and finding anyone besides us. Im sure that is understandable.
It should also be noted that we currently do not have the means to pay a music attorney, as they are few and far between (which means its expensive).
Thanks so much for your time.
Bryan
September 1, 2011 3:23 pm
Kira:
Yes, a cease and desist letter is an appropriate first step.
Aaron
August 29, 2011 1:14 pm
I used to own a company employing 8. Closed the doors a year and a half ago. One of my ex employees is now using my old company name to advertise. Also on a forum regarding our business, she is saying things about me, the business, how I ran it that are less than flattering and not true. I no longer have the business, but am well respected and working independent in this industry still.
What do I do?
Cease and desist letter or something else?
Thanks so much.
August 9, 2011 9:45 am
CT Power:
A cease and desist letter would not be appropriate for a demand for payment. A letter demanding payment would raise the legal basis for the demand and require payment within a certain number of days, which would depend on the law or contract involved.
Aaron
August 9, 2011 8:46 am
Hello, I would like to know if I can send out a cease and desist for work that was never paid…
thanks.
August 6, 2011 12:12 pm
Aaron,
a website has published private information about me, and is offering access to more in depth information about me for a fee. The company is US based, and I have decided that it is in my best interest to pursue legal remedies including but not limited to an injunction to take take down the website from (a) the internet service provider and (b) the company of which distributes, publishes, and extorts my information on the internet.
July 27, 2011 12:34 pm
Howard:
A cease and desist letter is an appropriate first step. If that doesn’t work, legal action may be necessary.
Aaron
July 27, 2011 11:24 am
Hello, I am the owner of a small executive training firm. An ex-employee of has published posts on a industry related web site stating that one of the partners has false credentials, that we are conducting illegal activities. Of course this is untrue. We are a small reputable company and we feel we cannot ignore this. Additionally, he has put first and last names of employees on the site with false and libelous statements about them. We have contacted the site that these posts appear but they have ignored our requests to have the posts removed. We are unsure of the whereabouts of the ex-employee(city , state, address).
Would a cease and desist letter to the owner of this website be appropriate in this situation ?
July 12, 2011 10:39 am
Debbie:
This sounds like a violation of the U.S. Fair Debt Collection Practices Act, but I would need to know more to say conclusively. A cease and desist letter regarding the Fair Debt Collection Practices Act violations would be an appropriate response.
Aaron
July 12, 2011 10:35 am
hello . . . I have a creditor that has been showing up at my work causing a scene demanding payment on a payday loan . . . as well escalating repeatedly on cell and work numbers harassing me at work . . . can they do this?
July 11, 2011 5:47 pm
July:
A cease and desist letter is usually sent to a party engaging in an illegal act, directing that party to cease and desist the illegal act. However, a cease and desist letter could be sent to an accomplice, who may be unknowingly aiding or abetting the illegal act.
If you put statements in a letter, be sure the statements are true. False statements put you at risk of defamation. However, truth is a valid defense to defamation.
Aaron
July 11, 2011 5:07 pm
I own a company in Mexico selling natural supplements on the Internet. Another company is advertising in the same exact places and copied all of our business. The problem is that they never send a product and it is a clear fraud. The police here are very slow to do anything. Being that they use many services in the united states to advertise, take phone calls etc. Can I send a cease and desist to the companies in the united states to make them stop offering their services to this fraud? Thank you.
July 11, 2011 2:12 pm
Boyd:
You could sue for defamation or have an attorney send a cease and desist letter.
Aaron
July 8, 2011 9:49 pm
Aaron,
I recently refused to sell part of my property to my neighbor and since then, he has been distributing letters throughout the community with false and demeaning information about my wife and I as well as my parents. We have always been respected within our community and my wife is co-owner of a business within the area as well and now people are avoiding us and talking about this letter. I was never provided a copy of the letter by the neighbor, only through those which have received it. Is there any action which can be taken against this person?
July 7, 2011 1:35 pm
Amber:
The crucial question would be whether their use of your image is lawful. The commercial use of someone’s image is a tricky area of law. If you are concerned about it, I recommend you see an attorney to analyze the circumstances.
Aaron
July 3, 2011 4:16 pm
I have someone publishing a commercial and flyer with my name and face in the advertising I do not want this to happen is there any way I can file a cease and desist letter
June 29, 2011 7:01 pm
James:
As you know, this situation is complex and there are many issues and aspects to analyze. It would probably be best for your client to contact an attorney in West Virginia, since that is where GoDaddy is located, to analyze the best course of action.
Aaron
June 29, 2011 6:57 pm
Aaron:
We are a web design firm with a client who’s .com domain name expired, and was snatched up by the very people it was registered with – GoDaddy, Inc. – to be used abusively for advertising purposes. The client is a reputable freelance marketing rep and GoDaddy has taken this .com name and turned it into a “Get a free {something you’ll never actually get} site” with scam offers and the like. We suspect it’s outsourced for this advertising income.
We believe their misuse is a defamation of character. Would you recommend sending a C&D for this? Does she reserve any rights here? To add to the mix, GoDaddy (as well as our business) is in the USA, and the client is in Canada. Additionally, none of us are in MN – we are in West Virginia and GoDaddy is in Arizona.
What would you advise for this? Is this something your office would be able to look into? Very good information here in this post, we may be referencing it to draft up a letter.
June 17, 2011 11:28 am
Lee:
Yes, anyone can send a cease and desist letter, but it has more weight when sent from a law firm because a letter from a law firm communicates that (1) the sender is very serious about taking legal action if the illegal conduct does not stop and (2) an attorney has determined that the conduct is illegal.
I would hesitate to give any advice regarding your situation without knowing all the details, so the only advice would be to see an attorney if the problem gets serious enough to justify the cost of an attorney.
Aaron
June 15, 2011 10:06 pm
Hi Aaron,
I am a freelance video editor. I recently ended a relatively short-term working relationship with my employer because of her hostile and aggressive attitude. I sent her a hard drive containing every file that she gave me to work with, along with a check for the total amount that she paid me to work for her (as she demanded I do in an email). I was hesitant to also hand over the editing project file containing my work, since she asked for all her money back, but I ultimately decided to send that as well in order to make her harassment stop.
She has left me more than 25 threatening emails, text messages and voicemail. She continues to contact me, as well as my employer (who recommended me) and his assistant, harassing and threatening them too. She is angry that because of my walking away from the project, she has lost valuable time and the support of one of her potential producers.
I am the 5th editor to walk away from this project.
I want to send her a cease and desist letter, ordering her to stop contacting me. I cannot afford to hire an attorney, so I have drafted one myself, based on online templates. I realize that cease and desist orders carry more weight when sent by a lawyer, but I have heard anyone can send one.
Is that correct, and do you have any advice as I move forward?
Thanks!
Lee
June 14, 2011 9:47 pm
Jarrod:
I have significant experience in intellectual property matters. You are welcome to contact my office if you would like to discuss your matter privately.
Aaron
June 14, 2011 9:43 pm
Hey Aaron,
How well are you at handling matters of intellectual property?
Thanks
Jarrod
June 9, 2011 11:45 am
Joshua:
It may not be harassment, but it is illegal. I would want to talk with you further about the details before recommending a cease and desist letter as the best approach, but sending a cease and desist letter is certainly one option.
Aaron
June 8, 2011 12:25 am
Hi,
I run a small game console and iphone/ Apple computer repair business. One of my advertising strategies is to post ads on Craigslist. Problem is one of my competitors keeps flagging us and anyone else not them on Craigslist. I know 100% it is them flagging me and was wondering if this is considered harassment and something I can send a cease and desist letter for. Further if they dont stop if I can take them to court for it.
May 20, 2011 8:43 am
Aniktra:
Your situation is more complex than can be handled on a blog. You should contact an attorney immediately. You are welcome to contact my office.
Aaron
May 7, 2011 1:10 pm
Hello,
I am in need of some legal advice as far as a cease and desist letter goes. I was trying to have one written and sent to my former employer who terminated me over false statements that my ex co-workers gathered up and told them. This act was retaliation of when I told the Group Manager about illegal things that they were doing on the job. I am currently out of work due to this conflict that wasn’t my fault while they are still employed and now I am assuming that I cannot seek employment with my former employer stating that the reason for separation was due to misconduct or inappropriate conduct on the job, which is absolutely false and they have no security footage or tape recordings of me doing these acts that this group of employees said that I did. They terminated me over hear say. Now, I cannot get a job because of this. I want them to stop releasing this false reason for separation to employers so that I can seek employment. I have a daughter to raise, I have a disability and I need to work before me and my daughter become homeless. Is there anyway that you can help or give some kind of advice??