Ultimate Guide: What Are The Grounds For a Cease and Desist Letter
Learn the grounds for a cease and desist letter, from IP infringement to breach of contract, and how to send or respond. Book a free IP strategy call today.
[SERVICE]Cease and desist letters
Cease and desist letter attorneys to send or answer one
A well-written cease and desist letter is often the fastest way to stop copying, and when you receive one, the reply matters just as much. We write and answer both, at a flat fee.
Your attorneys
Andrew RapackeManaging Partner · Registered Patent AttorneyFormer Naval Engineering Officer. M.S. in electrical and electronics engineering.
[01]Who it's for
For owners who need it to stop, and companies told to stop.
A cease and desist letter demands that someone stop an activity, creates a record that you objected, and opens a channel to settle without court.
Patent owners
A competitor selling a product that reads on your patent.
Brand owners
A confusingly similar name, logo or domain, or counterfeits on a marketplace.
Software and content owners
Copied code, screens, images or text, and former partners misusing confidential information.
Companies that received a letter
A demand to stop selling, rebrand or pay, with a deadline attached.
[02]What we handle
A letter that asserts your rights, and holds up.
A cease and desist letter is a legal document the other side will show its lawyer. We check the facts and the rights first, so the letter is persuasive, accurate and leaves your options open.
Before sending, we advise on whether a letter, a marketplace complaint, a takedown notice or a lawsuit fits the situation.
Letters we write
- Patent infringement lettersIdentifying the patent and the product, written with the declaratory judgment risk in mind.
- Trademark and counterfeit lettersNames, logos, domains and marketplace listings.
- Copyright and trade secret lettersCopied code and content, and misuse of confidential information.
- Replies to letters you receiveRefuting weak claims, negotiating a license or settlement, or proposing another way out.
Risks we weigh first
- Inviting a lawsuitA patent letter can let the other side sue first, in a court it chooses.
- OverreachingClaiming more than your rights cover can backfire publicly and legally.
- Rights you cannot proveOwnership, registration and dates have to be in order before you assert them.
- No plan if they ignore itA letter carries more weight with a clear next step behind it.
[03]The basics
What is a cease and desist letter?
A cease and desist letter is a formal written demand that someone stop an activity that violates your rights, such as infringing a patent, trademark or copyright, and not repeat it. It is not a court order and is not legally binding on its own, but it puts the recipient on notice and is often the step before a lawsuit.
| Compare | Cease and desist letter | Cease and desist order |
|---|---|---|
| Who issues it | You or your attorney | A court or a government agency |
| Legally binding | No. It is a demand | Yes. Ignoring it has legal consequences |
| What it does | States your rights, demands a stop and sets a deadline | Orders the activity to stop |
| What comes next | A reply, a settlement, or a lawsuit | Enforcement by the court or agency |
What goes into a cease and desist letter
- Your rights. The patent, registration or work, and proof that you own it.
- What they are doing. The specific product, listing, name or copied material.
- Why it infringes. A clear explanation tied to your rights, without overstating them.
- What you want. Stop, remove, destroy inventory, account for sales, or take a license.
- A deadline and next step. A reasonable date to respond, and what follows if they do not.
The grounds for a letter differ by type of IP. Read what are the grounds for a cease and desist letter.
[04]Before you send
Before you send a cease and desist letter.
A letter can settle a dispute in weeks. Sent carelessly, it can start one on the other side’s terms.
Patent letters and declaratory judgment
Since the Supreme Court’s 2007 decision in MedImmune v. Genentech, and the Federal Circuit’s SanDisk v. STMicroelectronics the same year, a letter that identifies your patent and a specific product can give the recipient grounds to sue you first, asking a court to declare the patent invalid or not infringed. That can move the fight to their home court, so the wording and the timing matter.
Notice can start the damages clock
If your patented products are not marked with the patent number, damages for infringement generally run only from when the infringer received actual notice, such as a specific charge of infringement in a letter. A well-timed letter can protect what you can recover later.
Other ways to enforce
A DMCA takedown notice removes copied content from a website or platform. Marketplace programs handle counterfeit and trademark complaints. A TTAB proceeding can stop a conflicting trademark registration. When a letter is not enough, IP litigation is the next step, and planning that escalation early makes the letter more credible.
[05]If you received one
Received a cease and desist letter? What to do.
Do not ignore it, and do not answer it the same day. A measured reply protects you either way.
- Note the deadline. Then give yourself time to understand the claim before it.
- Do not admit anything. Avoid calls, posts or emails to the sender until you have advice.
- Keep your records. Preserve documents about the product, name or content in question.
- Check the claim. Whether the sender owns the rights, whether they are valid, and whether you actually infringe.
- Choose a response. Refute an unfounded claim, negotiate a license or settlement, change the product or name, or prepare to defend.
Startups facing a larger competitor can also read IP protection strategies for tech startups.
[06]Fees
One flat fee, quoted before work begins.
There is no hourly billing. Your letter or reply is quoted as a flat fee on your strategy call, once the scope is clear, and nothing starts until you approve it.
Book A Free Strategy CallWhat sets the fee is the work itself, not the time on the clock.
- Sending or answering. Writing a demand, or reviewing and replying to one.
- The rights involved. One trademark is simpler than several patents.
- What follows. Negotiation, a settlement agreement or a license, if the matter goes there.
Ongoing work for a growing company can run on a monthly Fractional IP Counsel plan instead of one fee per document. This service is not covered by The RLG Guarantee, which applies to patentability searches, provisional patents, design patents and trademarks.
[07]The process
From first call to a resolution.
What happens at each step and who does the work. How the other side responds is never in anyone’s control, so no outcome is promised.
Cease and desistCall to resolution
- Day one01Day oneStrategy callFree. Walk us through the deal, the documents or the problem.
- Flat fee02Flat feeScope and flat feeWhat the work covers and its price, in writing, before it begins.
- 03Analysis and letterWe check the rights and the facts, then draft for your approval.
- 04Their responseWe review it and advise on the next move.
- 05ResolutionA settlement, a license, a change in course, or the next enforcement step.
[08]Questions
Questions about cease and desist letters.
Still deciding? Your first call is free and comes with a straight answer on whether a letter is the right move.
Book A Free Strategy CallIs a cease and desist letter legally binding?
No. A letter is a demand, not a court order. It puts the recipient on notice and can be used later as evidence that they knew, but only a court or agency order is legally binding.
Do I need an attorney to send a cease and desist letter?
Not legally, but it helps. A cease and desist letter attorney checks that your rights are valid and that the claim is accurate, and words the letter so it does not invite a lawsuit or overstate your case. A letter on law firm letterhead is also taken more seriously.
What happens if someone ignores a cease and desist letter?
Then you decide on the next step, such as a follow-up, a marketplace or takedown complaint, a TTAB proceeding or a lawsuit. A letter they ignored can still help show they knew about your rights.
Can sending a cease and desist letter get me sued?
It can, especially with patents. A letter that names your patent and their product can give them grounds for a declaratory judgment suit in a court of their choosing. We weigh that risk before anything is sent.
What should I do if I receive a cease and desist letter?
Note the deadline, do not admit anything or contact the sender, keep your records, and have the claim reviewed. Many letters overstate the sender’s rights, and a measured reply often settles it.
How long do I have to respond?
Whatever deadline the letter sets, which is often 10 to 30 days. That date is the sender’s request, not a legal deadline, but ignoring it can lead to a lawsuit, so it is wise to respond or ask for more time.
What is the difference between a cease and desist letter and a DMCA takedown?
A takedown notice goes to the website or platform hosting copied material and asks it to remove the content. A cease and desist letter goes to the person or company doing the copying and demands they stop.
How much does a cease and desist letter cost?
With us it is a flat fee, quoted on your strategy call before any work begins. It depends on whether you are sending or answering, the rights involved and how much analysis the claim needs.
[09]Learning Center
Go deeper on enforcing your IP.
Cease and Desist Letters: What Startups and Inventors Need to Know
A cease and desist letter can make or break an IP dispute. Learn what it means, how to respond, and when to send one. Book a free IP strategy call today.
Startups: How to Stop Bigger Competitors from Stealing Your Ideas
When it comes to startups, nine out of ten don’t make it. This shouldn’t discourage you, though. It just means you need to do your due diligence before you get started…
[10]Client reviews
Clients we stood behind.
4.7 across 614 public reviews on Google, Trustpilot and Avvo.
#1Top reviewed IP law firm*
Read client reviews“The Rapacke Group stands by their fees with no surprises.”
Lowell CrawfordClient review “They traversed the legal maze and minefield.”
Peter C.Patent · Trustpilot “I always felt confident that my intellectual property was in good hands.”
JakePatent · Client review
Reviews reflect individual client experiences. Quotes are excerpts. Prior results do not guarantee a similar outcome. *#1 top reviewed means the most public client reviews on Google, Trustpilot and Avvo of any US patent or trademark firm.
Make it stop, the right way.
Talk through what was copied, or the letter you received. The call is free, with no obligation.