Cease and desist letters

What does cease and desist mean?

“Cease and desist” is a legal term commonly used in disputes. It may refer to a letter demanding that someone stop unlawful activity or, in a different context, a court order requiring them to do so. “Cease” means to stop the activity, while “desist” means not to repeat it in the future.

What is a cease and desist letter?

A cease and desist letter demands that the recipient stop alleged unlawful activity. It may warn of further legal action if the recipient fails to comply, including an application for an injunction.

A well-drafted letter can help resolve a dispute before court proceedings become necessary. However, it is important to assess the facts and legal position carefully before sending one. An inaccurate or unjustified letter may undermine your position or expose you to legal risks.

We recommend seeking legal advice before drafting a cease and desist letter. If the dispute proceeds to court, the letter may be important evidence of your position and the steps you took to resolve the matter.

When to use a cease and desist letter?

Our clients come to us from all industries and for a variety of reasons. A cease and desist letter is often sent at an early stage of a dispute, before court proceedings are commenced.

Common situations in commercial disputes include:

• IP infringements, such as copyright infringement, passing off and the unauthorised use of trade marks, designs or inventions.
• Misuse of confidential information by former employees, including client lists, business-critical databases and know-how.
• Breaches of confidentiality or non-disclosure agreements.

What to include in a cease and desist letter?

1. Identify the alleged unlawful activity clearly, explain the legal basis for your complaint and specify the action required to resolve it. Where appropriate, outline the potential consequences of non-compliance.
2. Set out any additional requirements and a clear, reasonable deadline for compliance.
3. Where appropriate, request a formal written undertaking not to repeat the activity and require the return or deletion of confidential documents, intellectual property or data. For infringing goods, delivery up or destruction may also be appropriate. Depending on the circumstances, a letter may request that the recipient:

• formally acknowledges the alleged infringement or breach
• gives a written undertaking not to repeat the activity.
• agree to the steps required to resolve the dispute. Any future breach may justify an application for an injunction.

Acting promptly can help limit business disruption and financial loss. We advise both businesses sending cease and desist letters and those receiving them. Our experience shows the importance of thorough preparation, reliable evidence and a clearly presented legal position.

Contact us to discuss your situation and how we can help.