Cease and Desist Letters

What Is a Cease and Desist Letter?

A cease and desist letter is a formal written communication from a trademark owner (or their attorney) to an alleged infringer, demanding that they stop using a confusingly similar mark. It typically:

• Identifies the sender's trademark rights and registration(s)
• Describes the infringing use and why it creates a likelihood of confusion
• Demands that the recipient stop using the mark by a specific date
• States the legal consequences of non-compliance (typically litigation)

Cease and desist letters are not legally binding demands — the recipient can choose to respond, ignore them, or consult their own attorney. But they serve an important strategic function in the enforcement process.

Why Send a Cease and Desist Letter?

Establish Notice

Infringement damages are often tied to whether the infringer had knowledge of your mark. A C&D letter formally establishes that notice. If the recipient continues to infringe after receiving the letter, their infringement is arguably willful — which can significantly increase available damages.

Create a Record

If your dispute ultimately proceeds to litigation, the cease and desist letter becomes part of the evidentiary record. It documents that you took prompt, reasonable steps to enforce your rights — which is relevant both legally and practically.

Resolve the Dispute Without Litigation

Litigation is expensive, slow, and uncertain. Many infringement disputes are resolved at the cease and desist stage — the infringer may not have known they were infringing, may not have the resources to fight, or may simply not want the hassle. A well-drafted letter can achieve your goal without ever setting foot in a courtroom.

Why Attorney-Drafted Letters Matter

A cease and desist letter sent by a licensed attorney carries substantially more weight than one sent directly by a business owner. It signals:

• You have professional legal counsel engaged on the matter
• You understand the legal basis for your claim
• You are prepared to follow through if the demand is not met

Attorney-drafted letters are also less likely to make errors that could undermine your legal position — for example, overstating your rights, asserting claims that don't hold up, or inadvertently waiving defenses.

What Happens After You Send the Letter?

Several outcomes are possible:

• Compliance. The infringer stops using the mark, possibly reaches out to negotiate a transition period, and the dispute ends.
• Negotiation. The infringer responds through their attorney and the parties negotiate a coexistence agreement or license.
• Dispute. The infringer pushes back, argues they have prior rights, or takes the position that their use isn't infringing.
• Silence. The infringer doesn't respond. This may require escalation — a lawsuit or other enforcement action.

If You Receive a Cease and Desist Letter

Don't ignore it. Whether you've received a letter alleging trademark infringement, you should:

• Read it carefully — understand exactly what's being claimed
• Consult a trademark attorney before responding
• Do not respond emotionally or admit infringement — your response becomes part of the legal record
• Evaluate whether the sender's claims have merit

A knowledgeable trademark attorney can assess whether you have exposure, identify defenses, and advise on the most practical path forward — whether that's a negotiated resolution, a response disputing the claims, or a decision to rebrand to avoid further conflict.

Cease and Desist Letters vs. Litigation

A cease and desist letter is an informal enforcement tool — it carries no official legal authority and cannot force the recipient to do anything. If informal resolution fails, a federal lawsuit may become the next step.

• Federal lawsuit — available to registered trademark owners seeking injunctive relief, damages, and attorney's fees.

These are significantly more complex and expensive than a C&D letter. For that reason, the cease and desist is almost always the appropriate first step in any enforcement situation.