A cease and desist letter is a formal notice sent to an individual or business to stop (cease) an illegal or unethical activity, and to refrain (desist) from engaging in that activity in the future. These letters are commonly used to address copyright infringement, trademark violations, defamation, harassment, and other forms of unlawful conduct. A well-drafted cease and desist letter can often resolve disputes quickly and efficiently, avoiding the need for costly litigation.
The effectiveness of a cease and desist letter hinges on its clarity, specificity, and the legal basis for the demand. It should clearly identify the infringing activity, the specific rights being violated (e.g., copyright, trademark), and the actions the recipient must take to remedy the situation. It should also outline the potential consequences of non-compliance, such as legal action and financial penalties. Having legal counsel draft or review the letter is highly recommended.
Sending a cease and desist letter is often the first step in resolving a dispute before pursuing legal action. While it doesn’t guarantee compliance, it puts the infringing party on notice of the violation and provides them an opportunity to rectify the situation voluntarily. This can save time and resources for both parties involved. Furthermore, a cease and desist letter can be presented as evidence in court to demonstrate that you attempted to resolve the issue amicably before filing a lawsuit.
Below are 19 sample cease and desist letters addressing various scenarios. Remember to consult with an attorney to adapt these samples to your specific situation and ensure they comply with all applicable laws.
Sample Cease and Desist Letters
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Sample 1: Copyright Infringement (Website Content)
[Your Name/Company Name]
[Your Address]
[Date][Recipient Name/Company Name]
[Recipient Address]Subject: Cease and Desist – Copyright Infringement of Website Content
Dear [Recipient Name],
This letter is to inform you that we have discovered unauthorized use of copyrighted material belonging to [Your Name/Company Name] on your website, [Recipient Website URL]. Specifically, the following content:
* [Describe the copyrighted material, e.g., text, images, videos]This use constitutes copyright infringement under [Copyright Law, e.g., the Copyright Act of 1976]. We demand that you immediately cease and desist from further use of this copyrighted material. You must also remove the infringing content from your website within [Number] days of the date of this letter.
Failure to comply with this demand may result in legal action, including but not limited to, seeking injunctive relief, monetary damages, and attorney’s fees.
Sincerely,
[Your Name/Company Name] -
Sample 2: Trademark Infringement (Product Name)
[Your Name/Company Name]
[Your Address]
[Date][Recipient Name/Company Name]
[Recipient Address]Subject: Cease and Desist – Trademark Infringement of [Trademark Name]
Dear [Recipient Name],
It has come to our attention that you are using the trademark [Trademark Name] in connection with the sale of [Type of Product/Service]. This trademark is owned and registered by [Your Name/Company Name], registration number [Trademark Registration Number].
Your use of this trademark is likely to cause confusion among consumers and constitutes trademark infringement. We demand that you immediately cease and desist from using the trademark [Trademark Name] in any manner whatsoever. This includes, but is not limited to, discontinuing its use on your products, website, marketing materials, and social media.
You must provide us with written confirmation of your compliance with this demand within [Number] days. Failure to do so will result in legal action to protect our trademark rights.
Sincerely,
[Your Name/Company Name] -
Sample 3: Defamation (Online Review)
[Your Name/Company Name]
[Your Address]
[Date][Recipient Name]
[Recipient Address (if known)]Subject: Cease and Desist – Defamatory Online Review
Dear [Recipient Name],
This letter concerns a defamatory review you posted on [Website Name, e.g., Yelp, Google Reviews] on [Date of Review] regarding [Your Name/Company Name]. The review contains the following false and damaging statements:
* [Quote the defamatory statements]These statements are false and have caused significant damage to our reputation. We demand that you immediately cease and desist from making any further defamatory statements about [Your Name/Company Name]. We also demand that you remove the aforementioned review from [Website Name] within [Number] days.
Failure to comply will result in legal action for defamation.
Sincerely,
[Your Name/Company Name] -
Sample 4: Harassment (Email)
[Your Name]
[Your Address]
[Date][Recipient Name]
[Recipient Address (if known)]Subject: Cease and Desist – Harassment via Email
Dear [Recipient Name],
This letter addresses the harassing emails you have been sending to me, including those sent on [Date(s) of Emails]. These emails contain [Describe the harassing content, e.g., threats, insults, unwanted sexual advances].
Your behavior constitutes harassment. I demand that you immediately cease and desist from contacting me in any way, shape, or form. This includes, but is not limited to, sending emails, text messages, phone calls, or contacting me through social media.
Further contact will be reported to the authorities and may result in criminal charges.
Sincerely,
[Your Name] -
Sample 5: Breach of Contract (Non-Compete)
[Your Company Name]
[Your Address]
[Date][Recipient Name]
[Recipient Address]Subject: Cease and Desist – Breach of Non-Compete Agreement
Dear [Recipient Name],
This letter pertains to your violation of the non-compete agreement you signed on [Date of Agreement] as part of your employment with [Your Company Name]. We have learned that you are currently employed by [New Employer Name], which directly competes with our business and violates the terms of our agreement, specifically the clause prohibiting you from [Specify the prohibited activity] within [Geographic Area] for a period of [Duration].
We demand that you immediately cease and desist from your employment with [New Employer Name] and comply with the terms of the non-compete agreement. You must also provide us with written confirmation of your compliance within [Number] days.
Failure to comply will result in legal action to enforce the agreement and seek damages for breach of contract.
Sincerely,
[Your Company Name] -
Sample 6: Domain Name Infringement
[Your Name/Company Name]
[Your Address]
[Date][Recipient Name/Company Name]
[Recipient Address]Subject: Cease and Desist – Domain Name Infringement of [Your Domain Name]
Dear [Recipient Name],
It has come to our attention that you are using the domain name [Infringing Domain Name]. This domain name is confusingly similar to our registered domain name, [Your Domain Name], which is associated with our business, [Your Business Name]. Your use of this domain name creates a likelihood of confusion and constitutes trademark infringement and unfair competition.
We demand that you immediately cease and desist from using the domain name [Infringing Domain Name] and transfer ownership of the domain name to us within [Number] days of the date of this letter.
Failure to comply will result in legal action, including seeking injunctive relief and monetary damages.
Sincerely,
[Your Name/Company Name] -
Sample 7: Trade Secret Misappropriation
[Your Name/Company Name]
[Your Address]
[Date][Recipient Name/Company Name]
[Recipient Address]Subject: Cease and Desist – Misappropriation of Trade Secrets
Dear [Recipient Name],
We have reason to believe that you have misappropriated trade secrets belonging to [Your Name/Company Name]. Specifically, we believe you have unlawfully obtained and are using [Describe the trade secret, e.g., customer lists, proprietary software code, manufacturing processes]. These trade secrets are confidential and provide us with a competitive advantage.
We demand that you immediately cease and desist from using or disclosing these trade secrets. You must also return all copies of the trade secrets in your possession within [Number] days of the date of this letter. We also request information detailing how you obtained this information.
Failure to comply will result in immediate legal action, including seeking injunctive relief, monetary damages, and criminal prosecution if warranted.
Sincerely,
[Your Name/Company Name] -
Sample 8: Cease and Desist – Stalking
[Your Name]
[Your Address]
[Date][Recipient Name]
[Recipient Address (if known)]Subject: Cease and Desist – Stalking and Harassment
Dear [Recipient Name],
This letter concerns your persistent and unwanted attention towards me, which I consider to be stalking and harassment. Your actions include, but are not limited to [Detail the stalking behaviors, e.g., repeated phone calls, unwanted gifts, following me, showing up at my home/work]. These actions have caused me significant distress and fear.
I demand that you immediately cease and desist from all contact with me, directly or indirectly. This includes refraining from contacting me in person, by phone, email, social media, or through any third party. You are also prohibited from coming within [Distance] of my home, work, or any other location I frequent.
If you do not cease this behavior immediately, I will report this matter to the police and pursue a restraining order against you.
Sincerely,
[Your Name] -
Sample 9: False Advertising
[Your Company Name]
[Your Address]
[Date][Recipient Company Name]
[Recipient Address]Subject: Cease and Desist – False and Misleading Advertising
Dear [Recipient Name],
It has come to our attention that your company is engaging in false and misleading advertising regarding your [Product/Service]. Specifically, your advertisements claim [State the false claim], which is not supported by evidence and is demonstrably false. This violates [Relevant advertising laws, e.g., Section 43(a) of the Lanham Act].
We demand that you immediately cease and desist from making these false and misleading claims in your advertising. We also request that you issue a corrective statement to retract the false claims within [Number] days.
Failure to comply will result in legal action, including seeking injunctive relief and monetary damages for unfair competition.
Sincerely,
[Your Company Name] -
Sample 10: Data Scraping
[Your Company Name]
[Your Address]
[Date][Recipient Company Name]
[Recipient Address]Subject: Cease and Desist – Unauthorized Data Scraping
Dear [Recipient Name],
We have detected unauthorized data scraping activity originating from your servers, targeting our website, [Your Website URL]. Your actions are in violation of our website’s terms of service and potentially violate the Computer Fraud and Abuse Act.
We demand that you immediately cease and desist from all data scraping activities on our website. We also demand that you delete any data you have already collected from our website. You must confirm that your servers have stopped scraping within [Number] days of this letter.
Failure to comply will result in legal action, including seeking injunctive relief and damages.
Sincerely,
[Your Company Name] -
Sample 11: Violation of Right of Publicity
[Your Name]
[Your Address]
[Date][Recipient Name/Company Name]
[Recipient Address]Subject: Cease and Desist – Violation of Right of Publicity
Dear [Recipient Name],
This letter concerns the unauthorized use of my name and likeness in your [Product/Service], specifically in [Describe where the name and likeness is being used, e.g., advertising campaign, product packaging]. I have not granted you permission to use my name or likeness for any commercial purpose.
Your use of my name and likeness violates my right of publicity. We demand that you immediately cease and desist from any further use of my name and likeness. You must also remove all materials containing my name and likeness from circulation within [Number] days of this letter.
Failure to comply will result in legal action, including seeking injunctive relief and monetary damages.
Sincerely,
[Your Name] -
Sample 12: Unauthorized Use of Images
[Your Name/Company Name]
[Your Address]
[Date][Recipient Name/Company Name]
[Recipient Address]Subject: Cease and Desist – Unauthorized Use of Copyrighted Images
Dear [Recipient Name],
It has come to our attention that you are using copyrighted images owned by [Your Name/Company Name] on your website, [Recipient Website URL]. Specifically, the following images are being used without our permission: [List the specific image filenames or URLs].
Your use of these images constitutes copyright infringement. We demand that you immediately cease and desist from using these copyrighted images. You must also remove the infringing images from your website within [Number] days of the date of this letter.
Failure to comply with this demand may result in legal action, including but not limited to, seeking injunctive relief, monetary damages, and attorney’s fees.
Sincerely,
[Your Name/Company Name] -
Sample 13: Violation of the Telephone Consumer Protection Act (TCPA)
[Your Name]
[Your Address]
[Date][Recipient Company Name]
[Recipient Address]Subject: Cease and Desist – Violation of the Telephone Consumer Protection Act (TCPA)
Dear [Recipient Name],
This letter concerns the unsolicited telephone calls and/or text messages that your company has been sending to my phone number, [Your Phone Number]. I have not provided my express written consent to receive these communications.
Your actions violate the Telephone Consumer Protection Act (TCPA). I demand that you immediately cease and desist from sending any further telephone calls or text messages to my phone number. I also demand that you remove my phone number from your calling list.
Failure to comply will result in legal action under the TCPA, which may include monetary penalties for each violation.
Sincerely,
[Your Name] -
Sample 14: Non-Payment of Debt
[Your Company Name]
[Your Address]
[Date][Recipient Name/Company Name]
[Recipient Address]Subject: Cease and Desist – Harassment related to Debt Collection
Dear [Recipient Name],
This letter concerns your company’s repeated attempts to collect a debt from me. Specifically, [Specify the actions that are considered harassment, e.g., calling excessively late or early, contacting third parties].
I am requesting that you cease all communication with me except for formally notifying me of a lawsuit.
Sincerely,
[Your Name] -
Sample 15: Unauthorized Distribution of Software
[Your Company Name]
[Your Address]
[Date][Recipient Name/Company Name]
[Recipient Address]Subject: Cease and Desist – Unauthorized Distribution of Copyrighted Software
Dear [Recipient Name],
It has come to our attention that you are distributing our copyrighted software, [Software Name], without our permission. Your actions constitute copyright infringement and a violation of our intellectual property rights.
We demand that you immediately cease and desist from distributing, copying, or using our software. You must also remove all copies of our software from your servers and devices. We request proof of deletion within [Number] days.
Failure to comply will result in legal action, including but not limited to, seeking injunctive relief, monetary damages, and attorney’s fees.
Sincerely,
[Your Name] -
Sample 16: Unfair Competition (Passing Off)
[Your Company Name]
[Your Address]
[Date][Recipient Company Name]
[Recipient Address]Subject: Cease and Desist – Unfair Competition (Passing Off)
Dear [Recipient Name],
It has come to our attention that you are engaging in unfair competition by “passing off” your [Product/Service] as being associated with or originating from [Your Company Name]. This includes [Describe specific actions, e.g., using similar branding, marketing language, or product packaging]. This is misleading consumers into believing that your product/service is related to ours.
We demand that you immediately cease and desist from any actions that could lead consumers to believe that your [Product/Service] is affiliated with or endorsed by [Your Company Name]. You must change the misleading branding, marketing materials, and product packaging.
Failure to comply will result in legal action, including seeking injunctive relief and monetary damages.
Sincerely,
[Your Name] -
Sample 17: Unauthorized Use of Testimonials
[Your Name]
[Your Address]
[Date][Recipient Name/Company Name]
[Recipient Address]Subject: Cease and Desist – Unauthorized Use of Testimonial
Dear [Recipient Name],
It has come to my attention that your company is using my name and likeness in a testimonial for your [Product/Service] on your website, [Website URL], without my permission. I never gave consent for my words or image to be used in this manner.
I demand that you immediately cease and desist from using my name and likeness in the testimonial. You must remove all references to me from your website and marketing materials.
Failure to comply will result in legal action, including but not limited to, seeking injunctive relief, monetary damages, and attorney’s fees.
Sincerely,
[Your Name] -
Sample 18: Noise Complaint
[Your Name]
[Your Address]
[Date][Recipient Name]
[Recipient Address]Subject: Cease and Desist – Excessive Noise
Dear [Recipient Name],
This letter concerns the excessive noise emanating from your property, particularly during [Specify times, e.g., late nights, early mornings]. The noise, which includes [Describe the noise, e.g., loud music, construction, parties], is disrupting my peace and quiet and violating local noise ordinances.
I demand that you immediately cease and desist from creating excessive noise that disturbs the peace. Please take steps to mitigate the noise levels emanating from your property.
Failure to comply will result in contacting the local authorities and further legal action.
Sincerely,
[Your Name] -
Sample 19: Violation of Privacy
[Your Name]
[Your Address]
[Date][Recipient Name/Company Name]
[Recipient Address]Subject: Cease and Desist – Violation of Privacy
Dear [Recipient Name],
It has come to my attention that you have shared private information, specifically, [Specify the private information disclosed, e.g., my medical records, financial details, home address], without my consent.
I demand that you immediately cease and desist from sharing any further private information of mine. I also request immediate removal of all online sharing or public distribution of these document that violates privacy act.
Failure to comply will result in contacting the local authorities and further legal action.
Sincerely,
[Your Name]
Conclusion
Cease and desist letters are powerful tools for protecting your rights. By using these sample letters as a starting point, and consulting with legal counsel, you can effectively address various forms of infringement and unlawful conduct. Remember that these letters are not a substitute for legal advice and should be tailored to your specific situation.
