A cease and desist letter is used to formally notify someone that they are infringing on your legally-protected rights and demand that they stop the behaviour.  Examples of such behaviour include:

1. infringing intellectual property rights (eg trademarks, copyright);

2. engaging in defamatory conduct; or

3. breaching a contract.

Typically, the letter also includes a warning that you might sue the recipient if they don’t stop infringing on those rights.

A robust cease and desist letter can be a powerful tool to protect your rights without incurring the cost and inconvenience of litigation.  But, you should not send a cease and desist letter without proper legal foundation and it is important to get the content right as the letter may be used as evidence in future legal proceedings (for or against you!).

Do I need a lawyer?

You don’t have to hire a lawyer to send this letter for you.  But it is often wise to do so to make sure that the contents are correct and compelling.  It’s worth considering the following:

1. If your letter is ignored, you may need to sue the recipient to enforce your legal rights.  The letter you send could become a very important piece of evidence, so it’s important to make sure it is compelling and correct.

2. If you are mistaken about the circumstances or the reality of your legal rights, you run the risk of accidentally making false accusations in your letter and this can have very serious consequences for you.  

What should I do if I receive a cease and desist letter?

1. Don’t ignore it.  You may not agree with the contents of the letter, and you may well be correct.  But ignoring it can do more harm than good.  If you don’t provide a robust response in a timely manner, there is a higher chance of the sender may commence legal proceedings against you.  Even if their claim ultimately fails, you will incur a lot of cost and inconvenience if the matter goes to a court for determination.  

2. Seek legal advice.  Your lawyer will be able to advise you on how to respond and what steps you should take to reduce your risk exposure.  

If you would like more information about cease and desist letters and how we can help you, please contact us on 02 9199 4563 or at info@kinnylegal.com.

This blog post does not constitute legal advice and should not be relied upon as such. It is a general commentary on matters that may be of interest to you.  Formal legal or other professional advice should be sought before acting or relying on any matter arising from this communication.