What Is a Cease and Desist Letter?
A Cease and Desist (C&D) letter is a formal written demand that someone stop a specific harmful action and not repeat it. It's not a court order, but it creates a paper trail and often prompts compliance without legal action. It tells the recipient: stop this behaviour by [date], or we'll take legal action.
A C&D letter is a low-cost first step before litigation. It signals you're serious and willing to enforce your rights.
Common Reasons for a Cease and Desist Letter
Copyright infringement: Someone is using your images, text, music, code, or designs without permission. If they refuse to remove it after a C&D, you can sue for damages.
Trademark infringement: Someone is using your business name, logo, or slogan in a way that could confuse customers or dilute your brand.
Defamation: False statements are being made about you or your business publicly (online, in articles, social media). The statements damage your reputation.
Harassment: Repeated unwanted contact (emails, calls, messages) that causes you distress or interferes with your business.
Breach of contract: A contractor, supplier, or partner has violated a signed agreement (e.g., failed to pay, revealed confidential info, competed with your business).
Trespass: Someone is accessing your property without permission.
Breach of NDA or non-compete: A former employee or contractor is breaching confidentiality or a non-compete clause.
What to Include in Your C&D Letter
- Your full name/business name and address
- The recipient's name and contact details
- A clear description of the violation: What are they doing wrong? Include dates, URLs, screenshots, or specific examples
- Which law they're breaking: Copyright Act, Trade Marks Act, Defamation Act, or contract law
- A deadline to comply: Typically 7–14 days. Be reasonable
- Specific action required: "Remove the image from your website and confirm removal in writing"
- Consequences: "If you don't comply, we will pursue legal action without further notice"
- Your contact info for their response
What Makes a C&D Letter Enforceable
For your C&D to have legal weight:
- Be specific: Vague demands like "stop using my brand" are weak. Cite the exact violation
- Be reasonable: A 2-day deadline for a major project removal might not hold up. 7–14 days is standard
- Be realistic about consequences: Don't threaten legal action you can't afford or pursue
- Send it properly: Deliver by email or registered mail so you have proof of delivery
- Reference actual law: "You're infringing our copyright under the Copyright Act 1968" is stronger than "You're stealing our work"
After You Send a C&D Letter
If they comply: The matter is usually resolved. Keep their written confirmation that they stopped.
If they ignore it: Your next step is legal action. You've now created a paper trail showing they were warned. Consult a solicitor about your options: court action, damages, injunctions, or settlement negotiations.
If they respond with their own letter: Read it carefully. They might dispute your claims or offer a settlement. Consider your next steps.
Copyrights, Trademarks, and Australian Law
Copyright (Copyright Act 1968): Protects original works — writing, music, code, images, videos. You own copyright automatically; you don't need to register it. Copyright infringement is a civil matter (lawsuit) or criminal (if serious).
Trade Marks (Trade Marks Act 1995): Protects brand names, logos, and slogans. Must be registered with IP Australia. Trademark infringement is typically handled through court action or negotiated settlements.
Defamation: False statements that damage reputation. Australian defamation law varies slightly by state but generally allows you to sue if false statements are published and cause damage.
Common C&D Mistakes to Avoid
- Being too aggressive: "We'll destroy you in court" undermines your credibility. Be professional
- Making false claims: If your C&D overstates the harm or misrepresents law, it weakens your case
- Giving unrealistic deadlines: 2 days to remove a product from a major website isn't reasonable
- No proof of delivery: Send by registered mail or email so you can prove they received it
- Threatening what you won't do: If you say "or we'll sue," you must be prepared to follow through