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When to Respond to a Cease and Desist Notice
Most cease and desist letters require the recipient to acknowledge receipt within a given time limit to avoid legal escalation.
Even if the cease-and-desist accusation is unfounded, the recipient should send a basic response before the deadline. It is highly recommended that an attorney review a response letter prior to sending it.
Types of Cease and Desist Letters
A cease and desist letter is sent to a person or company demanding they stop an unlawful activity or face legal action. Although the letter isn’t legally binding, any response may be used as evidence if the situation escalates to legal action.
These are some common types of cease and desist letters:
- Intellectual Property – Accuses the recipient of infringing on the sender’s copyright, trademark, or design.
- Harassment/Defamation – Orders a person to stop harassing or defaming the sender.
- Breach of Contract – Sent to individuals who have broken the terms of a contract such as an NDA.
Sample
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RESPONSE TO NOTICE TO CEASE AND DESIST
[SENDER’S NAME]
[SENDER’S STREET]
[SENDER’S CITY, STATE, & ZIP]
Date: [MM/DD/YYYY]
Re: Notice to Cease and Desist
Dear [RECIPIENT’S NAME],
I am writing this letter to acknowledge that on [MM/DD/YYYY], I received your Notice to Cease and Desist for [SUBJECT OF NOTICE TO CEASE], dated [MM/DD/YYYY].
I am reviewing this matter and will issue a full response within [#] days. Your patience is appreciated at this time.
Sincerely,
________________________
[PRINTED NAME]