Cease and Desist Letter Lawyers

A cease and desist letter is a legally enforceable order used to formally request that someone stop conduct that is illegal, harmful or malicious. It sets out your legal rights, the other party’s obligations, and what will happen if they don’t comply.

The grounds for issuing a cease and desist letter are generally when someone is encroaching on your legal rights and you need them to stop. This may be where someone is using a trademark or brand similar to yours. The letter sets out your legal rights and their obligations, and will generally include what cause of action you’d have if the matter went to court.

Timing depends on the strategy of your situation and should be discussed with your lawyer. There can be legal implications if you wait too long. For example, if someone is using a trademark similar to yours and you don’t act quickly, your conduct could be seen as consent to their use, or they may have a case for honest and concurrent use.

A cease and desist letter needs to set out the factual circumstances, your legal rights, the other party’s conduct, and the legal basis for your claim, including a clear timeline for compliance. Our cease and desist lawyers draft and send letters on official Gladwin Legal letterhead, so the recipient understands the seriousness of the matter.

A cease and desist letter is a formal written document, usually prepared on law firm letterhead. It outlines the conduct in question, the legal rights being breached, the action required and the consequences of non-compliance, all set out clearly and professionally.

A cease and desist letter is a serious legal document, not just a warning. It puts the recipient on formal notice and can be used as evidence if the matter later goes to court. Ignoring one can carry legal consequences, particularly around IP and defamation matters.

The cost of a cease and desist letter starts at $1,500 plus GST and will vary depending on the complexity of the matter.

If you’ve received a cease and desist letter, it’s important to take it seriously and seek legal advice before responding. We can review the letter, advise on your position and help you respond appropriately, whether that means complying, negotiating or disputing the claim.