CEASE AND DESIST
DEFINITION
A cease and desist letter is a formal notice demanding that a recipient stop an alleged infringing or unlawful activity, sent before litigation as a warning and a record of complaint.
WHAT IT MEANS IN PRACTICE
It has no automatic legal force by itself. Its power comes from putting the recipient on formal notice, which can affect later claims about wilfulness, and from signalling that the sender is prepared to escalate to court.
In practice it is used across trademark, copyright, defamation, and passing off disputes in both the US and the UK, though the underlying law it threatens to enforce differs by jurisdiction and shapes how strongly worded the letter can safely be.
A well-drafted letter states the right being infringed, the specific conduct objected to, and a clear deadline, which makes it easier to show good faith attempts to resolve a dispute if the matter later goes further.
AN EXAMPLE
Bertrand discovers a competitor using near-identical packaging to his own established snack brand. His lawyer sends a cease and desist letter demanding the packaging change within fourteen days, creating a documented record before any court filing.
WATCH OUT
A cease and desist letter is a demand, not a court order, and the recipient can ignore it without immediate legal consequence unless the sender actually escalates.
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