What Is a Cease and Desist?
A cease and desist letter is a notice sent to an individual or business engaging in unlawful and/or unwanted behavior requesting that they stop.
Use this letter to formally ask someone to immediately end harassment or the infringement of your rights, and to refrain from engaging in such behavior in the future. If problems continue, your letter lets them know you’re prepared to take legal action.
A cease and desist letter includes the following basic elements:
- Recipient: the individual or business who needs to stop the harassment, defamation, unreasonable debt collection, or copyright/trademark infringement
- Sender: the individual or business requesting the recipient to stop their unlawful behavior
- Unlawful Behavior: a detailed description of the behavior and why it’s unlawful
- Legal Action: a warning that a lawsuit will be initiated if the behavior does not stop
- Date: the date when the letter is sent to the recipient
A cease and desist letter can be used in numerous situations, including instances of:
- Copyright infringement
- Trademark infringement
- Patent infringement
- Debt collection
- Harassment
- Defamation of character
- Libel
- Slander
- Breach of contract
- Violation of non-compete agreement
When Do I Need to Use a Cease and Desist?
You need to use a cease and desist letter whenever you want to stop another person or organization from violating your legal rights.
We provide free cease and desist templates for the following scenarios:
A cease and desist form can also be used in response to an NDA contract breach.
5 Common Types of Cease and Desist Letter Templates
1. Harassment
Harassment cease and desist letters provide evidence that you formally asked someone to stop harassing you. Use this letter if you’re receiving unwanted treatment or being threatened.
Our cease and desist for harassment warns your harasser to end their repeated, unwanted behavior because it’s uncomfortable, threatening, and/or offensive.
A cease and desist letter cannot be sent to someone for simply being annoying on a one-time basis. Instead, the harassment must occur repeatedly over a period of time — even a short period.
To thoroughly document the problem, be sure to include details in your harassment letter like:
- dates the harassment took place
- where the harassment occurred
- details of the type of harassment
Download your free cease and desist for harassment template.
Cease Harassment Letter Example - Text Format
[Sender’s Full Name]
[Date]
VIA [Certified Mail / Overnight Mail / Email (email address) / Other Method of Delivery]
[Harasser’s Full Name]
[Contact Person Name, Title (if applicable and known)]
[Street Address]
[City, State, Zip Code]
RE: Cease and Desist – Harassment
Dear [Mr./Ms.] [Contact Person’s Last Name] / To Whom It May Concern:
This letter serves as notice to you and your company to immediately cease and desist all harassing activities against/towards me. [Describe the harassing behavior including the dates, places and methods of harassment. Include as many specific details as possible.]
Your actions are unwanted and are [__________ [embarrassing / annoying / aggressive / threatening / repeatedly / continuously / other – user to write in]]. As a result of your harassment, I have suffered [substantial harm to my reputation/character/business / emotional and physical stress / other type of harm, damage or injury – user to write in].
If you do not cease and desist the harassment, I will be forced to take appropriate legal action against you and will seek all available damages and remedies.
Sincerely,
[Sender’s Full Name]
One in four women suffers harassment at work. Presumably this number is far higher, as many are reluctant to report such instances. Unfortunately, the chances are high that you will experience some kind of workplace harassment. Defend your legal right to a safe work environment with a cease and desist harassment letter.
2. Trademark Infringement
A trademark is a name, word, phrase, logo, symbol, design, or image that helps people identify a product or service with a particular person or organization.
Unlike a copyrighted work that’s automatically protected once written, you must take steps to register a trademark with the US Patent and Trademark Office (USPTO) if you want comparable legal rights.
Trademark infringement is more easily enforceable with a cease and desist letter than other types of violations. Because there’s a mandatory application process, a trademark owner’s rights are well documented.
Our trademark infringement cease and desist letter template allows you to explain to the infringing party why their use of a similar or identical trademark confuses people, and demands that they stop using your trademark.
Be sure to include the following information:
- The date the trademark was first used
- The trademark registration number
- The trademark registration date
- The geographic areas where the trademark is used
Download your free trademark infringement cease and desist letter template.
Cease Trademark Infringement Letter Example - Text Format
[Sender’s Full Name]
[Date]
VIA [Certified Mail / Overnight Mail / Email (email address) / Other Method of Delivery]
[Infringing Party’s Full Name]
[Contact Person Name, Title (if applicable and known)]
[Street Address]
[City, State, Zip Code]
Re: Cease and Desist – Trademark Infringement
Dear [Mr./Ms.] [Contact Person’s Last Name] / To Whom It May Concern:
It has come to our attention that you are using the __________[description of infringing party’s trademark] in connection with your goods and services. Your trademark is [the same as / similar to] our trademark, __________[description of user’s trademark]. [User to enter a detailed description of how the infringing party’s trademark is the same or similar to the user’s trademark and how it causes confusion for user’s consumers as to the source/origin of the goods and services.] [For examples, refer to Exhibit A to this letter.]
We are owners of the trademark, __________[description of user’s trademark]. We have used our trademark as early as __________[insert the date the user first used trademark also known as “date of first use”] establishing our priority in the trademark. Our trademark is registered with the United States Patent and Trademark Office, registration number __________, issued on __________[registration date]]. We have used our trademark for __________[types of goods and services where trademark is used] and in __________[geographic areas where trademark is used]. Due to the same or similar trademark, [goods and services and geographic areas,] your use of the trademark is likely to cause confusion and mistake among our consumers. Therefore your unauthorized use of our trademark constitutes trademark infringement.
We hereby demand that you [immediately / within ___[number of days] days of the date of this letter] cease and desist from using your trademark. If you do not cease and desist the infringing activity [within the above stated time period], we will be forced to take appropriate legal action against you and we will seek all available damages and remedies.
Sincerely,
[Sender’s Full Name]
3. Defamation
A cease and desist letter can be used to stop a person or company from making false statements that harm your reputation or business.
Some states recognize two types of defamation — written false statements (libel) or spoken false statements (slander).
Our free cease and desist defamation letter allows you to explain how false statements have harmed your character, reputation, trade, profession, or business.
After receiving the defamation letter, the violating party must immediately stop making such false statements, and remove all false statements from any websites or forum posts.
A defamation claim must show the following four things:
- A false statement claiming to be fact
- Publication or communication to at least one third party
- Negligence by the publisher in publishing the false statement
- Damages or harm to the subject of the false statement
False statements that allege that someone (1) committed a crime, (2) has a “loathsome or contagious disease”, (3) engaged in sexual misconduct, or (4) did something unfit for their business, trade, or profession are considered defamation per se, and you would not need to prove any damages or harm.
Download your free cease and desist defamation letter template.
Cease Defamation Letter Example - Text Format
[Sender’s Full Name]
[Date]
VIA [Certified Mail / Overnight Mail / Email (email address) / Other Method of Delivery]
[Defamer’s Full Name]
[Contact Person Name, Title (if applicable and known)]
[Street Address]
[City, State, Zip Code]
RE: Cease and Desist – Defamation
Dear [Mr./Ms.] [Contact Person’s Last Name] / To Whom It May Concern:
It has come to my/our attention that you and your company have made defamatory and false statements about me/us [and my/our _____ [business/company/other – user to write in]]. [User to enter detailed description of each false statement(s) made about the user. Include specifics such as where, when and how (e.g. written, spoken) the false statements were made. Include how the false statements were “published” which is how a third party heard or saw the statement. Include the reason(s) why the statement(s) are false.]
I/We have suffered [substantial harm / economic harm / reputational harm/ harm to my business / harm to my character and reputation / other type of harm, damage or injury – user to write in] as a result of the defamatory and false statement(s) that you and your company have made. [User to enter description of how the false statements has injured the user such as to the user’s character, reputation, trade, profession or business.]
We hereby demand that you: immediately cease and desist from making any and all false and defamatory statements against me/us [and my/our business]; within _____[number of days] days of the date of the letter, remove all defamatory statements and content [from __________[location of publication e.g. forum posts, websites] [and publish a retraction]; and notify us in writing when these tasks have been completed.
If you do not cease and desist within the above stated time period, we will be forced to take appropriate legal action against you and we will seek all available damages and remedies.
Sincerely,
[Sender’s Full Name]
4. Copyright Infringement
US copyright laws encourage and protect original works of authorship.
As soon as the expression of an idea is written, the work is copyrighted and the owner has the exclusive right to use and display this original copyrighted work, including:
- monetizing the work
- creating derivative works
- displaying the work publicly
An original work can be formally registered with the US Copyright Office, creating a public record of the copyright. Anyone wishing to use all or a portion of this copyrighted work must first get permission from the owner.
Our free cease and desist copyright infringement notice is specifically written for those who own a website and have created original content.
If another website blatantly copies or imitates your original website, you can demand the copycat website take down the unauthorized content and cease posting stolen work without proper credit.
Click here to download your free cease and desist letter for copyright infringement.
Cease Copyright Infringement Example - Text Format
[Sender’s Full Name]
[Date]
VIA [Certified Mail / Overnight Mail / Email (email address) / Other Method of Delivery]
[Infringing Party’s Full Name]
[Contact Person Name, Title (if applicable and known)]
[Street Address]
[City, State, Zip Code]
Re: Cease and Desist – Copyright Infringement
Dear [Mr./Ms.] [Contact Person’s Last Name] / To Whom It May Concern:
It has come to our attention that your __________[description of work that is infringing e.g. website], __________[name of work that is infringing e.g. www.copy.com], is __________ [obviously copied after / imitated after / identical to / substantially similar to / other – write in by user] __________ [name of work that is being copied e.g. www.original.com]. [User to enter a detailed description of the similarities and how the infringing copy resembles the original. e.g. The features and phrasing on your website’s homepage are nearly identical to the corresponding items on our website’s homepage.] [For examples, refer to Exhibit A to this letter.]
We are the proprietors of all copyright in __________[name of work that is being copied e.g. www.original.com] (the “Work”). We have reserved all rights in the Work, which was first published on __________[publication date] with registration number __________[copyright registration number]. You neither requested nor received permission to use our Work therefore your unauthorized copying and use of our copyrighted Work constitutes copyright infringement in violation of the United States copyright laws.
We hereby demand that you, within _____[number of days] days of the date of this letter: remove all infringing content; destroy all physical and electronic copies; notify us in writing when these tasks have been completed; and permanently cease the use, publication and distribution of our copyrighted material.
If you do not cease and desist within the above stated time period, we will be forced to take appropriate legal action against you and we will seek all available damages and remedies.
Sincerely,
[Sender’s Full Name]
If your website is covered by the Digital Millennium Copyright Act (DMCA) and the copyrighted material is being posted by a third party and not the owner of the website, you may have to send a takedown notice to the website’s registered DMCA agent.
5. Debt Collection
A debt collection agency does not have the right to harass you with numerous telephone calls and messages.
The Fair Debt Collection Practices Act protects you, your family, and your friends from being repeatedly contacted and harassed by these agencies.
The law recognizes that abusive debt collection practices contribute to personal bankruptcies, marital instability, the loss of jobs, and the invasion of individual privacy.
Our free cease and desist letter for debt collection allows you to request that a debt collection agency stop overwhelming you with excessive phone calls.
Download your free cease and desist debt collection template.
Cease Debt Collection Letter - Text Format
[Sender’s Full Name]
[Date]
VIA [Certified Mail / Overnight Mail / Email (email address) / Other Method of Delivery]
[Debt Collector’s Full Name]
[Contact Person Name, Title (if applicable and known)]
[Street Address]
[City, State, Zip Code]
RE: Cease and Desist – Debt Collection Contact
Dear [Mr./Ms.] [Contact Person’s Last Name] / To Whom It May Concern:
This letter serves as notice to you and your company to immediately cease and desist all contact and communication with me regarding the collection of an alleged debt and all related matters. I received [a telephone call on _____[date of call] / a letter/email/fax dated _____[date of correspondence] / numerous telephone calls and messages in one day on _____[date of call] / numerous telephones calls on my home phone, cell phone and work phone / other – write in by user]. You claim that I owe debt in the amount of $_____ to _____[name of creditor], account number _____. [I do not owe this debt and I dispute this claim.]
Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. Section 1692, I demand that you and your company terminate all further contact with me including but not limited to communication via telephone, mail correspondence, electronic mail, or facsimile. [Your actions to collect debt from me are __________ [embarrassing / harassing / aggressive / deceitful / threatening / repeatedly / continuously / causing me emotional and physical duress / causing me undue stress / other – write in by user]].
If you continue to contact me other than to notify me that you are ending communication or that you are taking other legal action to collect the debt, I will be forced to take legal action against you for violation of the Fair Debt Collection Practices Act and will seek all available damages and remedies.
Sincerely,
[Sender’s Full Name]
You may need to send this letter to a debt collector if they:
- Call you at unreasonable hours, such as before 8:00 am or after 9:00 pm
- Contact you at work after you’ve told them calls are not allowed
- Get ahold of you directly even though an attorney is representing you
- Discuss your debt with anyone besides you, your spouse, or your attorney
- Use profane language to intimidate you
- Threaten to arrest you or illegally take your property
- Garnish your federal benefits like Social Security, Veteran, or Military Benefits
If the debt collection agency doesn’t stop contacting you within 15 days of receiving the letter, you should submit a complaint to the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC), and/or your state’s Attorney General office.
Click on any of the states below for a link to your state’s Attorney General office or Consumer Protection Unit to report unfair debt collection agencies.
How to Get a Cease and Desist Letter
If you’re writing your own cease and desist, you’ll need to address the following:
- Who has been engaging in the unlawful activity
- What behavior is considered unlawful (e.g., harassment, false statements, intellectual property infringement)
- When the unlawful behavior began
- Why the behavior is unlawful
- How the sender has been harmed or damaged by the behavior
You can get your own cease and desist letter and simplify the writing process by freely accessing our online builder.
Frequently Asked Questions About C&D Letters
How do I serve a cease and desist letter?
Serving a cease and desist letter is your first line of defense when someone is harassing you or infringing on your rights. Sending this legal notice can also help avoid a costly and prolonged court case.
Note: You do not need to hire an attorney to send someone a cease and desist.
To send a cease and desist, you must:
- State how and why the recipient is violating your rights
- Notify them that legal action will be taken if they don’t stop their behavior
- Send your cease and desist letter using certified mail and an affidavit of service
How do I respond to a cease and desist letter?
Receiving a cease and desist letter is a stressful experience. A cease and desist letter is often the initial response by an offended party, and you may not know how to respond.
If you’re clearly in the wrong, your best course of action is to end the behavior outlined in the notice immediately and send a letter of apology. Always remember to be respectful and polite when responding to a cease and desist letter, then:
- Verify whether you are or aren’t in violation of someone’s rights
- Use this as an opportunity to open a dialogue with them
- See if an agreement can be reached outside of court
What if I don’t use a cease and desist?
Without a cease and desist letter, unlawful behavior may continue and damage your or your company’s reputation and economic well-being.
Sending this letter notifies the infringer or harasser of your claims, and prevents them claiming they were unaware they were knowingly infringing your rights.
It also shows them that you’re serious about the claim and are monitoring the situation. This can often lead to a discussion to solve the conflict out of court — potentially saving you time and money.
A few of the consequences that can be prevented with a cease and desist letter include:
Lost opportunity cost
- Your reputation and character being temporarily or permanently damaged
- Your customers being confused by who the original creator is
Loss of money
- Damage to your personal reputation affecting your business
- Paying lawyer fees to pursue a lawsuit
- Consumers mistakenly purchasing someone else’s product
Mental anguish
- Repeated phone calls from a harassing person or debt collecting agency
- Fear for personal safety or privacy of financial situation
