Cease and Desist Letters: When to Send One and When to Take One Seriously
If you own a business, your brand is one of your most valuable assets. Your name, logo, slogan, and creative content help customers recognize and trust you. But what happens when someone else starts using something that looks or sounds like your brand? Or what if you receive a legal letter accusing you of infringement?
This is where a cease and desist letter often comes into play.
Understanding when to send one — and when to take one seriously — can protect your business and help you avoid costly legal trouble.
What Is a Cease and Desist Letter?
A cease and desist letter is a formal notice demanding that someone stop a specific action. In intellectual property law, it is commonly used in trademark and copyright disputes.
For example, you might send a cease and desist letter if another business is using a name that is confusingly similar to yours. On the other hand, you might receive one if someone claims you are using their protected content without permission.
The letter usually explains:
What rights the sender claims to own
How those rights are being violated
What actions must stop
A deadline for compliance
It is often the first step before filing a lawsuit.
When Should You Send a Cease and Desist Letter?
Not every problem requires immediate legal action. But there are situations where sending a cease and desist letter makes sense.
You may want to send one if:
Another business is using a name or logo that is likely to confuse customers
Someone copies your website content, images, or marketing materials
A former partner or employee continues using your brand after leaving
An online seller is offering counterfeit or knockoff products
Sending a letter can show that you are serious about protecting your rights. It also creates a record that you took action to defend your trademark or copyright.
If you ignore infringement, it can weaken your position over time. Courts expect trademark owners to actively protect their brands.
Why You Should Be Careful Before Sending One
While cease and desist letters can be powerful, they must be handled carefully. Sending a weak or overly aggressive letter can backfire.
If your claim is not strong, the other party may challenge you. In some cases, they may even file a lawsuit asking a court to declare that they are not infringing.
Before sending a letter, you should consider:
Do you actually own a registered trademark or valid copyright?
Is there real “likelihood of confusion” between the brands?
Are you prepared to follow through if they refuse to comply?
A well-written letter should be clear, professional, and legally sound. It should not rely on threats or emotional language.
Working with an experienced intellectual property attorney can help ensure your letter is effective and protects your position.
What to Do If You Receive a Cease and Desist Letter
Receiving a cease and desist letter can feel scary. You may worry about being sued or damaging your business reputation. But the most important thing is not to panic.
First, do not ignore the letter. Ignoring it could increase the risk of a lawsuit.
Second, do not immediately respond in anger or admit fault. Anything you say could later be used against you.
Instead, carefully review the claims. Ask yourself:
Is the sender’s trademark or copyright valid?
Are you actually using something that is similar?
Is there a real chance of customer confusion?
Sometimes, the claim may be weak or exaggerated. Other times, you may need to make changes to avoid legal trouble.
An attorney can help you evaluate the situation and decide on the best course of action. In some cases, a negotiated solution is possible without going to court.
Are Cease and Desist Letters Legally Binding?
A cease and desist letter itself is not a court order. It does not automatically require you to take action. However, it signals that legal action could follow.
If the sender files a lawsuit and wins, a court may issue an injunction ordering you to stop the activity. At that point, the order becomes legally binding.
That is why it is important to treat these letters seriously, even though they are not formal judgments.
The Role of Trademark Registration
Having a federally registered trademark strengthens your position when sending a cease and desist letter. It shows that you have official recognition of your rights.
If your mark is not registered, you may still have common law rights, but proving them can be more difficult.
Proper registration and monitoring of your brand can make enforcement smoother and more effective.
Protecting Your Business the Right Way
Cease and desist letters are powerful tools, but they must be used wisely. Sending one at the right time can stop infringement before it grows into a bigger problem. Responding correctly when you receive one can prevent unnecessary lawsuits and expenses.
Whether you need to enforce your intellectual property rights or defend against a claim, getting sound legal advice is essential. The team at Braslow Legal can help you evaluate your options, protect your brand, and respond strategically to intellectual property disputes.
Your brand represents your hard work and reputation. Taking the right steps — at the right time — can make all the difference in protecting your business for the long term.