Cease & Desist Letter Templates, Examples & Sample Forms | Attorney Aaron Hall

Cease & Desist Letter Templates, Examples & Sample Forms

Watch this video before you send a Cease and Desist Letter:

What Is a Cease & Desist Letter?

A Cease & Desist Letter is often the first step to asking an individual, or a business, to stop illegal activity. The purpose of the letter is to threaten further legal action if the behavior does not stop.

When to Send a Cease & Desist Letter? Specific Cease & Desist Templates

A Cease & Desist Letter may need to be sent in a number of circumstances including:

Copyright Cease & Desist Letter Template

The following is a Cease and Desist Letter template for those who are looking for a sample form to use as an example. This Cease and Desist Letter is solely for use with copyright infringement (it could be modified for other purposes) and is from the perspective of a Minneapolis attorney writing on behalf of a client whose copyrighted works were being infringed.

Warning: You should not use this Cease and Desist Letter without consulting first with an attorney to ensure that it complies with the law in your jurisdiction. Also, Cease and Desist Letters are best sent by attorneys because they carry more weight when a lawyer writes a letter threatening legal action if someone doesn’t cease and desist illegal conduct.

Note: A cease and desist letter is the first of many consequences that may arise from infringing on someone else’s copyright.

Free Download:

→ CLICK HERE TO DOWNLOAD cease-and-desist-demand.doc

Here is the copyright infringement Cease and Desist Letter sample template form:

CEASE AND DESIST DEMAND
Pursuant to Title 17 of the United States Code

February 20, 2011

John Doe
2812 Anthony Lane South
Minneapolis, Minnesota 55418

Dear Mr. Doe:

This law firm represents [CLIENT NAME]. If you are represented by legal counsel, please direct this letter to your attorney immediately and have your attorney notify us of such representation.

We are writing to notify you that your unlawful copying of [CLIENT’S COPYRIGHTED WORK] infringes upon our client’s exclusive copyrights. Accordingly, you are hereby directed to

CEASE AND DESIST ALL COPYRIGHT INFRINGEMENT.

[CLIENT NAME] is the owner of a copyright in various aspects of [CLIENT’S COPYRIGHTED WORK]. Under United States copyright law, [CLIENT NAME]’s copyrights have been in effect since the date that [CLIENT’S COPYRIGHTED WORK] was created. All copyrightable aspects of [CLIENT’S COPYRIGHTED WORK] are copyrighted under United States copyright law.

It has come to our attention that you have been copying [CLIENT’S COPYRIGHTED WORK]. We have copies of your unlawful copies to preserve as evidence. Your actions constitute copyright infringement in violation of United States copyright laws. Under 17 U.S.C. 504, the consequences of copyright infringement include statutory damages of between $750 and $30,000 per work, at the discretion of the court, and damages of up to $150,000 per work for willful infringement. If you continue to engage in copyright infringement after receiving this letter, your actions will be evidence of “willful infringement.”

We demand that you immediately (A) cease and desist your unlawful copying of [CLIENT’S COPYRIGHTED WORK] and (B) provide us with prompt written assurance within ten (10) days that you will cease and desist from further infringement of [CLIENT]’s copyrighted works.

If you do not comply with this cease and desist demand within this time period, [CLIENT] is entitled to use your failure to comply as evidence of “willful infringement” and seek monetary damages and equitable relief for your copyright infringement. In the event you fail to meet this demand, please be advised that [CLIENT] has asked us to communicate to you that it will contemplate pursuing all available legal remedies, including seeking monetary damages, injunctive relief, and an order that you pay court costs and attorney’s fees. Your liability and exposure under such legal action could be considerable.

Before taking these steps, however, my client wished to give you one opportunity to discontinue your illegal conduct by complying with this demand within ten (10) days. Accordingly, please sign and return the attached Agreement within ten (10) days to

[FIRM NAME] [FIRM ADDRESS] [FIRM CITY, STATE, ZIP] Fax: [FIRM FAX NUMBER]

If you or your attorney have any questions, please contact me directly.

Sincerely,

[NAME]

Attached page:

Copyright Infringement Settlement Agreement

I, ___________________, agree to immediately cease and desist copying [CLIENT’S COPYRIGHTED WORK] in exchange for [CLIENT] releasing any and all claims against me for copyright infringement. In the event this agreement is breached by me, [CLIENT] will be entitled to costs and attorney’s fees in any action brought to enforce this agreement and shall be free to pursue all rights that [CLIENT] had as of the date of this letter as if this letter had never been signed.

Signed:________________________________

Dated:________________________________

125 comments
Anitra Varnadore says May 7, 2011

Hello,

I am in need of some legal advice as far as a cease and desist letter goes. I was trying to have one written and sent to my former employer who terminated me over false statements that my ex co-workers gathered up and told them. This act was retaliation of when I told the Group Manager about illegal things that they were doing on the job. I am currently out of work due to this conflict that wasn’t my fault while they are still employed and now I am assuming that I cannot seek employment with my former employer stating that the reason for separation was due to misconduct or inappropriate conduct on the job, which is absolutely false and they have no security footage or tape recordings of me doing these acts that this group of employees said that I did. They terminated me over hear say. Now, I cannot get a job because of this. I want them to stop releasing this false reason for separation to employers so that I can seek employment. I have a daughter to raise, I have a disability and I need to work before me and my daughter become homeless. Is there anyway that you can help or give some kind of advice??

Harun Rashid says May 20, 2011

Aniktra:

Your situation is more complex than can be handled on a blog. You should contact an attorney immediately. You are welcome to contact my office.

Aaron

Joshua Dunn says June 8, 2011

Hi,
I run a small game console and iphone/ Apple computer repair business. One of my advertising strategies is to post ads on Craigslist. Problem is one of my competitors keeps flagging us and anyone else not them on Craigslist. I know 100% it is them flagging me and was wondering if this is considered harassment and something I can send a cease and desist letter for. Further if they dont stop if I can take them to court for it.

Harun Rashid says June 9, 2011

Joshua:

It may not be harassment, but it is illegal. I would want to talk with you further about the details before recommending a cease and desist letter as the best approach, but sending a cease and desist letter is certainly one option.

Aaron

Jarrod says June 14, 2011

Hey Aaron,

How well are you at handling matters of intellectual property?

Thanks

Jarrod

Harun Rashid says June 14, 2011

Jarrod:

I have significant experience in intellectual property matters. You are welcome to contact my office if you would like to discuss your matter privately.

Aaron

Lee says June 15, 2011

Hi Aaron,

I am a freelance video editor. I recently ended a relatively short-term working relationship with my employer because of her hostile and aggressive attitude. I sent her a hard drive containing every file that she gave me to work with, along with a check for the total amount that she paid me to work for her (as she demanded I do in an email). I was hesitant to also hand over the editing project file containing my work, since she asked for all her money back, but I ultimately decided to send that as well in order to make her harassment stop.

She has left me more than 25 threatening emails, text messages and voicemail. She continues to contact me, as well as my employer (who recommended me) and his assistant, harassing and threatening them too. She is angry that because of my walking away from the project, she has lost valuable time and the support of one of her potential producers.

I am the 5th editor to walk away from this project.

I want to send her a cease and desist letter, ordering her to stop contacting me. I cannot afford to hire an attorney, so I have drafted one myself, based on online templates. I realize that cease and desist orders carry more weight when sent by a lawyer, but I have heard anyone can send one.

Is that correct, and do you have any advice as I move forward?

Thanks!

Lee

Harun Rashid says June 17, 2011

Lee:

Yes, anyone can send a cease and desist letter, but it has more weight when sent from a law firm because a letter from a law firm communicates that (1) the sender is very serious about taking legal action if the illegal conduct does not stop and (2) an attorney has determined that the conduct is illegal.

I would hesitate to give any advice regarding your situation without knowing all the details, so the only advice would be to see an attorney if the problem gets serious enough to justify the cost of an attorney.

Aaron

James Birch says June 29, 2011

Aaron:

We are a web design firm with a client who’s .com domain name expired, and was snatched up by the very people it was registered with – GoDaddy, Inc. – to be used abusively for advertising purposes. The client is a reputable freelance marketing rep and GoDaddy has taken this .com name and turned it into a “Get a free {something you’ll never actually get} site” with scam offers and the like. We suspect it’s outsourced for this advertising income.

We believe their misuse is a defamation of character. Would you recommend sending a C&D for this? Does she reserve any rights here? To add to the mix, GoDaddy (as well as our business) is in the USA, and the client is in Canada. Additionally, none of us are in MN – we are in West Virginia and GoDaddy is in Arizona.

What would you advise for this? Is this something your office would be able to look into? Very good information here in this post, we may be referencing it to draft up a letter.

Harun Rashid says June 29, 2011

James:

As you know, this situation is complex and there are many issues and aspects to analyze. It would probably be best for your client to contact an attorney in West Virginia, since that is where GoDaddy is located, to analyze the best course of action.

Aaron

Amber says July 3, 2011

I have someone publishing a commercial and flyer with my name and face in the advertising I do not want this to happen is there any way I can file a cease and desist letter

Harun Rashid says July 7, 2011

Amber:

The crucial question would be whether their use of your image is lawful. The commercial use of someone’s image is a tricky area of law. If you are concerned about it, I recommend you see an attorney to analyze the circumstances.

Aaron

Boyd says July 8, 2011

Aaron,

I recently refused to sell part of my property to my neighbor and since then, he has been distributing letters throughout the community with false and demeaning information about my wife and I as well as my parents. We have always been respected within our community and my wife is co-owner of a business within the area as well and now people are avoiding us and talking about this letter. I was never provided a copy of the letter by the neighbor, only through those which have received it. Is there any action which can be taken against this person?

Harun Rashid says July 11, 2011

Boyd:

You could sue for defamation or have an attorney send a cease and desist letter.

Aaron

July Garcia says July 11, 2011

I own a company in Mexico selling natural supplements on the Internet. Another company is advertising in the same exact places and copied all of our business. The problem is that they never send a product and it is a clear fraud. The police here are very slow to do anything. Being that they use many services in the united states to advertise, take phone calls etc. Can I send a cease and desist to the companies in the united states to make them stop offering their services to this fraud? Thank you.

Harun Rashid says July 11, 2011

July:

A cease and desist letter is usually sent to a party engaging in an illegal act, directing that party to cease and desist the illegal act. However, a cease and desist letter could be sent to an accomplice, who may be unknowingly aiding or abetting the illegal act.

If you put statements in a letter, be sure the statements are true. False statements put you at risk of defamation. However, truth is a valid defense to defamation.

Aaron

Debbie says July 12, 2011

hello . . . I have a creditor that has been showing up at my work causing a scene demanding payment on a payday loan . . . as well escalating repeatedly on cell and work numbers harassing me at work . . . can they do this?

Harun Rashid says July 12, 2011

Debbie:

This sounds like a violation of the U.S. Fair Debt Collection Practices Act, but I would need to know more to say conclusively. A cease and desist letter regarding the Fair Debt Collection Practices Act violations would be an appropriate response.

Aaron

Howard says July 27, 2011

Hello, I am the owner of a small executive training firm. An ex-employee of has published posts on a industry related web site stating that one of the partners has false credentials, that we are conducting illegal activities. Of course this is untrue. We are a small reputable company and we feel we cannot ignore this. Additionally, he has put first and last names of employees on the site with false and libelous statements about them. We have contacted the site that these posts appear but they have ignored our requests to have the posts removed. We are unsure of the whereabouts of the ex-employee(city , state, address).
Would a cease and desist letter to the owner of this website be appropriate in this situation ?

Harun Rashid says July 27, 2011

Howard:

A cease and desist letter is an appropriate first step. If that doesn’t work, legal action may be necessary.

Aaron

Ryan says August 6, 2011

Aaron,
a website has published private information about me, and is offering access to more in depth information about me for a fee. The company is US based, and I have decided that it is in my best interest to pursue legal remedies including but not limited to an injunction to take take down the website from (a) the internet service provider and (b) the company of which distributes, publishes, and extorts my information on the internet.

CT Power says August 9, 2011

Hello, I would like to know if I can send out a cease and desist for work that was never paid…

thanks.

Harun Rashid says August 9, 2011

CT Power:

A cease and desist letter would not be appropriate for a demand for payment. A letter demanding payment would raise the legal basis for the demand and require payment within a certain number of days, which would depend on the law or contract involved.

Aaron

Kira Friedman says August 29, 2011

I used to own a company employing 8. Closed the doors a year and a half ago. One of my ex employees is now using my old company name to advertise. Also on a forum regarding our business, she is saying things about me, the business, how I ran it that are less than flattering and not true. I no longer have the business, but am well respected and working independent in this industry still.
What do I do?
Cease and desist letter or something else?
Thanks so much.

Harun Rashid says September 1, 2011

Kira:

Yes, a cease and desist letter is an appropriate first step.

Aaron

Bryan A. says September 6, 2011

Hi Aaron,
I recently filed for a Trademark that had been abandoned. The Trademark is successfully being processed in my name for my music band, with my information in the public view of that particular Trademark.

My question is, there are a few bands out there with the same name, in direct conflict with our Trademark. I assume that C&D is the best option to use for these other bands? Also, if they have websites where our Trademarked name is used, what are my rights there? (an example would be through a music specific site, like ReverbNation.com/MyBandName – that URL should legally belong to us because they are a band and thats a direct violation, correct?)

This is all in the name of being able to consistently promote our music as a business. We do not want people searching our band name and finding anyone besides us. Im sure that is understandable.

It should also be noted that we currently do not have the means to pay a music attorney, as they are few and far between (which means its expensive).

Thanks so much for your time.

Bryan

Harun Rashid says September 7, 2011

Bryan:

As a general rule, someone who registers a trademark (like you) cannot prohibit others from continuing to use the mark in the same geographic area and industry they have been using it before the registration. The reason is, even though they did not register the mark, they have a common law trademark that preserves their right to continued use. This applies to URLs as well.

Aaron

Kelly says September 12, 2011

Hello Aaron,

My friend is a graphic designer in California and she was contracted by a company to create a flyer and other materials. She performed the work and was paid; however, now she has found her work on another graphic designers website and he is claiming it as his own, using it as an example of his work to strum up business. Would it be appropriate for her to send a cease and desist letter and demand that this man discontinue using her work as his own? Thank you in advance for your help.

Regards,
Kelly

Harun Rashid says September 12, 2011

Kelly:

Yes, a cease and desist letter would be appropriate under these circumstances.

Aaron

Paul S. says September 17, 2011

Hi Aaron,

About a year ago I started a graphic design business with a partner, and it has since become successful. I recently searched our business name on Google, and another graphic design business with exactly the same name, and located in the same state came up. These people did not have a .com address (it was a WordPress url), nor were they listed as a registered business in my state. I don’t know how long they have been operating for, but what are my rights? Technically they do not have there name or business registered in the state and my company IS registered under that name.

Thanks so much!,
Paul S.

Harun Rashid says September 17, 2011

Paul:

Owning a .com or registering a business with the Secretary of State does not give you trademark rights. Trademark rights are established by using a mark in commerce (advertising, having sales, etc.). Thus, the question is whether you or the competitor used your business name in commerce first. Whoever used the business name in commerce in a geographic area first has the common law trademark rights to that name in that geographic area.

Aaron

robin says October 6, 2011

hi-i have my business name trademarked. Another business with a similar name (also trademarked, but under different categories from my type of business) just sent me a cease and desist letter giving me 14 days to stop using my registered name. Do I need to comply with the letter, or can I continue to use my trademarked name until a judge orders otherwise?

Harun Rashid says October 6, 2011

Robin:

You mentioned that you have your business name trademarked. That could mean that you have a

  • common law trademark,
  • registered trademark in your state,
  • federally registered trademark, or
  • trademark in some other jurisdiction

The type of trademark you have will be an important factor in analyzing your situation. There will be a number of other important factors. The bottom line is that in a situation like this, you need to consult with a trademark attorney in your state to determine your legal rights and options. If you are in Minnesota, I would be happy to help you if you call our office and schedule an appointment (usual attorney rates apply).

Aaron

Beth says October 8, 2011

Hi,
So I am a junior in college and until last year I was in an international sorority. I no longer am and my problem is that I am still getting billed from stuff after I was gone. I went to the girl in charge and she took some of the charges away and I paid what we agreed on. The thing is the website says I still owe money and the girl I talked to knows this so she made a note about it. My fear is that somewhere down the line someone will send me to collections because the website says I owe money. I was wondering if a cease and desist letter could be sent to the sorority to have them take down my account?

Harun Rashid says October 8, 2011

Beth:

Yes, a cease and desist letter is an appropriate way to handle inaccurate information posted on a website.

Aaron

Nancy says October 9, 2011

We have been having a friend staying with us and we want to get him out of our house but we were told by our local sheriff that we have to have a cease and desist letter sent to him, how do i get the form that I need in order to get him out the legal way without getting myself in trouble with the law

Harun Rashid says October 10, 2011

Nancy:

A cease and desist letter is not the appropriate way to handle someone who won’t leave your home. You should simply tell the person to leave your home, and if the person won’t leave, tell law enforcement that the person is trespassing and you want the person removed.

If law enforcement won’t enforce the law, then you can seek a court order, but that seems unnecessary and expensive.

Aaron

kevin clark says October 10, 2011

During 2007, photographic images were taken by by me as request for a statue (without compensation) – Images were (without permission or payment) altered and enlarged to be used in public domain as a fund raiser for the statue project.

Seeking the removal of intellectual property and compensation for use of said images since 2007.

Harun Rashid says October 11, 2011

Kevin:

Yes, you could use a cease and desist letter as a first step to seeking an end to the unlawful use of your copyrighted images.

Aaron

Sarah says October 15, 2011

Aaron,
My parents are getting a divorce. I am an adult, living with my father. When I was out having dinner with my mother, he stole all my gold and diamond jewelry and refuses to give it back. My uncle lives two doors down, so he probably put it all there. What can I do to make him give my jewelry back? I don’t want to be involved in the divorce, but he keeps dragging me into the middle of the situation. My uncles are also pressuring him to kick me out of the house. I don’t pay rent in money, but I contribute to landscaping, groceries, having a patio built, things like that. When I confronted him about the jewelry, he threatened my clothes, shoes and handbags were next. Help!

Harun Rashid says October 17, 2011

Sarah:

This problem goes beyond a cease and desist letter. You are welcome to contact my office or another attorney to assist you with this situation.

Aaron

Ruth says October 24, 2011

I am on the board of directors of a non profit. A former employee left and is spreading rumors and has taken several paying clients from the non profit (we have programs and classes for kids and adults).

This has been over a 6 month period and it seems to be getting worse. Should we send a cease and desist letter? Can we do that without naming or “outing” the sources who have told us about what she is saying?

Harun Rashid says October 24, 2011

Ruth:

Yes, a cease and desist letter is certainly an available option for your situation. Whether it is the best strategy is another question, but that would require a compete analysis of the situation.

You do not need to name or “out” your sources in your cease and desist letter.

Aaron

Grant says October 25, 2011

A former employee, who worked on landscape designs while she was working for us, started to consult with another company and began referring work to them. They were using an image on their website from a project that our company did while she was working for us. We notified them and they took the image down. However, she is still using images of projects that she worked on during her employment at our company on her own website and not giving credit to our company. Our competitor company strongly promotes her, even though she is not technically their employee. Would a C&D be appropriate in this situation?

Harun Rashid says October 26, 2011

Grant:

Yes, a cease and desist letter would be an appropriate first step in this situation.

Aaron

Jerry says October 27, 2011

Aaron; my sister has accused me and my deceased Father of sexual abuse which allegedly occurred 50 years ago, she never me about this allegation until 4 years ago, she recently told her Son, my nephew, who told his wife who told, on and on, I vehemently deny this ridiculous allegation, however, I am a public figure and I’m afraid my reputation has been damaged as well as my relationship with some members of my family; can I send a cease and desist letter? If so, what type of attorney should I seek?

Harun Rashid says October 28, 2011

Jerry:

To answer your question, it might help to provide an overview of the effect of a cease and desist letter. A cease and desist letter is merely a letter. Its only legal effect is putting a party on notice. It also has a practical effect of trying to resolve a conflict. However, there may be a better way to resolve many conflicts besides a cease and desist letter. Thus, the question in each situation is this: what will likely be the most effective way to resolve this conflict?

With family members, a cease and desist letter may do more harm than good because a cease and desist letter can be perceived as harsh and formal.

You asked about what type of attorney to seek. There aren’t many attorneys specializing in defamatory allegations of sexual abuse. However, you might consider either a family law attorney (experienced in allegations within a family) or business attorney (experienced with defamation).

Aaron

Colleen Pierre says October 29, 2011

Hi Aaron,
Could you tell me if a C&D is an appropriate action for this situation?
I have an established website (www.saratogamama.com) and an LLC with a DBA filed for SaratogaMama. Another website called Saratogamom.com has started up and I am concerned about our names being too similar. Is there anything I can do in this situation? Thanks in advance!

jerry says October 31, 2011

Aaron; was wondering if you received my question regarding allegations of sexual abuse within family and if a cease and desist letter is warranted?

Misty says November 2, 2011

Hi Aaron,

I do not live in Minnesota, but I am interested and finding out more information on a cease and desist order and how it pertains to non-pornographic images of a minor? My son is 9 months old and my sister-in-law has continuously posted pictures of our son on her Facebook after we have asked her not to, we do not want any pictures of him on Facebook. I feel as his parents we have the right to decide if, when and where are son’s pictures are used. Would a cease and desist letter be applicable in this situation?

Thank you,
Misty

Harun Rashid says November 3, 2011

Misty:

Yes, a cease and desist letter is a good first step in this situation. In fact, a cease and desist letter is simply a written request that someone stop violating the law. So in any case where someone is violating a law (your legal rights), it is appropriate to do a cease and desist letter.

Aaron

Harun Rashid says November 4, 2011

Colleen:

Yes, a C&D is appropriate for a trademark infringement claim like you have here.

Aaron

Brian says November 11, 2011

Hi Aaron,
I +1’d this but I don’t see where to download it. Can you provide some instructions on the page as to how this works?
Thanks.

Brian says November 11, 2011

Looks like the downloads are on the comments page and not the main page.

joshua garcia says November 22, 2011

what would be if a person did not pay after a job was done? please respond back right away

Tea says December 29, 2011

I brought furniture from a furniture store last year, 3 weeks after I brought it, I got laid off from my job and since then, I have been telling the company to come and pick up the merchandise since I don’t have any income, well the company has been telling me per the agreement I will still owe them, which is find but if I’m saying to please come and pick up the merchandise, why yould you try to set up payment arrangmeents if I have no income and is living with someone? I called the company today to schedule a pick up and immdediately the lady raised her voicemail and told me that I shouldn’t have got the furniture if I didn’t have a job and that I needed to pay. Her manager got on the phone and said that I stoled the furniture and I told that I didn’t and people within the company had been emailing me but I’ve been responding to them with new contact information and everything but still, the merchandise was never pick up. I also called them as well. the advise me that collection activity will continue but because of that conversation with the employer and their manager did not go well. I don’t want them contacting me at all. Is sending them a cease and desist letter ok? Thanks

Rachhpaul says December 29, 2011

Dear Sir/s

I live in the UK and I should be most grateful if you could please let me have a template for slander/libel.

Many thanks

Rachhpaul says December 29, 2011

Joshua

Under United Kingdom law, there are two scenarios.

First, if this person had the intention of depriving you permanently of your property (money) then he/she is guilty of the Theft Act 1968 (in the U.K.). However, it is very difficult to prove the “intention”.

Second, this is unjust enrichment. You will have to prove that by your work, they have befitted and therefore you are entitled to receive the benefit. Breach of Contract can also play a part,but, you will have to prove that there was a contract to begin with.

Harun Rashid says December 31, 2011

Tea:

The purpose of a cease and desist letter is to warn someone to stop illegal conduct. In general, there is nothing illegal about a creditor contacting a debtor about collecting on a debt. If collection efforts qualify as harassment under the Fair Debt Collections Practices Act (FDCPA), you should log the phone calls, keep the letters, save all evidence of the harassment, and contact a FDCPA lawyer.

Our firm would be happy to help with FDCPA violations, and for these cases, we work on contingency, so we don’t get paid unless we get money for you.

Aaron

Brenda says January 1, 2012

I would like an attorney to prepare a cease and desist letter for stalking, harassment, slander and libel.

Andressa says January 13, 2012

Hi Aaron,

I’ve recently found out that a website has been posting my information and most importantly my image without my permission. When my peers have asked for their information to be removed, they have complied, but they have failed to do so for me, despite my requesting three times. What further action can I take?

Harun Rashid says January 16, 2012

Andressa:

You can have an attorney send a cease and desist letter with a demand that the personal information and image be taken down.

Aaron

Eric says February 26, 2012

If the addressee of a C&D, complies; is it customary to also expect to request a settlement out of court? Or is the norm to be satisfied the infringement work has been taken off a website?

Harun Rashid says February 27, 2012

Eric:

Usually, compliance with a cease and desist letter is sufficient. However, if there are damages, some sort of settlement payment may be negotiated between the parties to avoid litigation.

Aaron

ralph says March 12, 2012

for example i in another country and I was misled into paying for a greencardlottery, to a company in nevada reno and i later found out that it was a sham and i demanded for a full refund, at first they refiused but when i threatned to sue they obliged to pay some out of the initial sum as refund, please how do i go about this ? i even reported them to the BBB and nothing as been done..how can i get a lawyer to sue them as all efforts have been fraustrating.please reply asap

Pattie says March 25, 2012

Hi there…I was wondering what could be done if a previous sub contractor that quit doing work for our Company because of a dispute is now using our projects that were designed by and paid for by our firm he was just a laborer but is posting our projects on his business cards and also his portfolio…can we send a cease and desist letter. He is portraying these are his projects and they are not…
thanks
Pattie

Aaron Hall, Minnesota Lawyer says March 27, 2012

Pattie:

Yes, you can send a cease and desist letter. You might also want to include a reference to violating the Minnesota Trade Secrets Act or Minnesota Uniform Deceptive Trade Practices Act, if applicable.

Aaron

Aaron Hall, Minnesota Lawyer says March 27, 2012

Ralph:

You are a victim of fraud. I would recommend contacting law enforcement or hiring an attorney (which won’t be cheap).

Aaron

Jerry Miller says April 14, 2012

I need to take back my finances from the Veterans Admin. they assigned me a fiduciary without due process

J.A. says May 8, 2012

A friend of mine is a musician not signed to any record label, and producing & marketing her own albums. Recently she found that a company in Canada is giving away her copywrited work without her permission. So far she has located at least 10 of her songs on the site. She has attempted to call and write to them several times with no response. Attorneys specialized in this field have asked for tens of thousands up front before taking the case, which as an independent artist she does not have. As she is in the US and the offending company is in Canada, what recourse does she have at this point? Will a C&D demand still be appropriate in this case?

Aaron Hall, Minnesota Lawyer says May 8, 2012

J.A.

A cease and desist letter is normally the best first step. Whether it will be effective depends on how the recipient decides to respond.

If you find an experienced copyright litigation attorney at a small law firm located near the company (defendant), you should be able to get a lawsuit started for much less than $10,000.

Aaron

Blogging, Copyrights and Plagiarism | 5 Steps to Take When Someone Steals Your Stuff | Bloggers Earn Bucks says May 9, 2012

[…] and cancel someone’s site), you need to also send a cease and desist letter. You can find a a cease and desist letter template to create your own office letter and then email it to the […]

Deanna says May 18, 2012

Hi there, thank you for this extremely informative blog!

I run a small business manufacturing packaged goods. We paid for some boxes to be created a couple of years ago, however the manufacturer could not meet the quality we required so we discontinued the project and they happily refunded our money.

Now however, we find they are using photos of the ‘discarded’ boxes on their online portfolio (suggesting we use them as our supplier) and to top it off, they’ve created and photographed some brand new artwork we’ve never seen before – using OUR business name, logo and product name!

Several times we have asked them to remove these items from their portfolio. They mentioned they would do so, eventually, however months have gone by and they’ve not done anything. And as of now, they’re not responding to my follow-up emails either.

Is it time to send a cease and desist?

If so, what is the cost involved in doing so?

Thank you so much,
Deanna

Aaron Hall, Minnesota Lawyer says May 19, 2012

Deanna:

Yes, a cease and desist letter is the appropriate next step. Alternatively, you might consider a lawsuit for a violation of the Minnesota Uniform Deceptive Trade Practices Act among other things.

I would be glad to partner with you on this (usual attorney rates apply). In general, the fee for a cease and desist letter is $500, and the fee to begin a lawsuit is $1,000.

Aaron

Bobby says August 9, 2012

I had a falling out with an old friend. I have tried to disassociate myself with this person in all facets of life, after I found out they were making up malicious rumors about me. I have requested that they take down any photos they have of me on a social network. They agreed, but have yet to do so because they are being spiteful. I have the written agreement of them acknowledging the removal of the photos. I have decided to hire a lawyer and write a cease and desist. Is it worth it? What are my options?

Thompson Hall Santi Cerny & Dooley says August 13, 2012

Bobby,

We would be happy to help you. As you know, your situation is complex and there are many issues and aspects to discuss. An attorney would be happy to analyze your situation’s circumstances and advise you of your legal rights and options. This can generally be accomplished during a one-hour meeting (which can be by phone). Our fee for a one-hour meeting is $290. Is this in line with your expectations?

Connie Weber says August 26, 2012

I am looking for an attorney in the Albany NY area (unless an out of town attorney can) to send a cease and desist letter to a group of people that have already sent a slanderous letter about my son to many residents in our area as well as made verbal false statements and allegations.

Teresa says September 9, 2012

Hi,

I’d like to know if I can issue a C&D to a co-worker who has been hostile and is a workplace bully. I have reported her to mgmt/owner several times but the owner informed me she never addressed this person because it’s hearsay. She slammed a door in my face a few weeks back which I took as hostile which is only one example of many. I am not the only person who she has bullied. She did something the other day to another co-worker who got really upset over it. This woman is out of control because mgmt doesn’t reprimand her and co-workers are afraid of her. I’m the only who is really persistant. Yesterday, she accidentally txt a co-worker something about me. She meant it for another co-worker/friend but their names are similar and start with the same letter so she clicked on the wrong name in your phone address book. The recipient was upset to receive it for she is a friend of mine. She showed it to me and we took it to mgmt/owner who also didn’t like it. Many times things are hearsay but this is in actual print. Plus it also names the owner in this txt which she did not like. Mgmt is planning on talking to her but I don’t know how lenient she will be on her for this mgr is very passive and relaxed in taking action on bad behavior. She used a curse word in talking about me. I want to know if I can do something about this since it’s in print. I don’t trust mgmt to do the right thing. If I issue a C&D letter, I know mgmt won’t like it and other co-workers will hear about it and I’m afraid of ramifications. Can an employer fire me for this? What do you suggest? The owner also wants the three of us to sit down after she talks to her. I don’t want to. I know it will only get worse, shouting from her, etc. It won’t heal anything and I will not forgive her for this. Help! Thank you!

phil says December 1, 2012

Hi there. I regularly have people / companies copying my content on my website.

Is this copy write temple applicable for that?

Regards,
Phil

Aaron D. Hall says December 3, 2012

Phil:

In Minnesota, a cease and desist letter is an appropriate response to people copying website content without permission. You should consult with an attorney in your jurisdiction for the law there.

Aaron

Bluesman says January 7, 2013

What about “fair use”?

Can you explain that please

TIA

Dan from NJ says February 11, 2013

So here is a question. I sent a C&D to a organization who was using a photo of mine on their website (Realtor Association in NC). they removed the photo, and sent a response. in their response they deny any copyright infringements and then stated in the letter, that they obtained my photo from a county website, of which had requested and received permission to use my photo a year or 2 ago. They also go on to state that their attorney advised them to not sign the “Copyright Infringement Settlement Agreement” because they didn’t infringe on any copyrights. Yet they knowingly admitted in their letter, that they got the photo from the county website (of which clearly has my name on the photo).

Is there anything I can do further?

Aaron D. Hall says February 11, 2013

Dan:

If you felt it worthwhile, you could sue them for copyright infringement. A copyright infringement lawsuit requires that the copyright be registered. Whether this is worth the time and expense is questionable.

Aaron Hall

jamess stryganek says February 12, 2013

Hello. I hand-drew/created an original logo for a band that they immediately approved( without input or changes) and printed on merchandise, promo items, their website, posters/flyers for shows and social networking sites, drum kit, album artwork, animated version of the logo, and stage props, etc. When I asked about getting paid for it and a cut of the profits or the merchandise that bore my logo, they immediately cut off all ties with me and then asked the graphic designer that turned my drawing into a digital vectored image( for all the applications above) to sign an invoice stating that he signs over all rights to the logo and its usage AND to date the invoice back to Jan 2012, when I had originally drawn the logo. The designer refused to do that as he stated, he did not create the image and owns no rights to it and only I do. Since cutting ties, the band has also started using a rough draft of my logo the designer did for me when turning it into a vectored image. When this digital image was created, the designer only corresponded with me on the look and outcome of it and never paid him to do as he is a friend and did it for free as a favor to me. The band has been changing the color of the image and states that it is now “theirs” since its ” different” than what I did. I still have the original drawing I did as well as emails from the band asking for the deceptive invoice for it.

Am I crazy or is this a valid case to peruse? Any advice would sure help. I live in Orlando Florida, if it matters. Hope I have given you enough info. Thanks in advance!!!

Jamess

Aaron D. Hall says February 12, 2013

Jamess, the scenario you presented appears to be a good case of copyright infringement. I recommend you consult with a copyright attorney in your state.

Aaron Hall

Camille says February 14, 2013

Hi, a company called BMG Music Services claim to have sent to my home address a form to purchase 12 CDs for $2.50 back in 2006. I have no record of doing such and at that time I was 16 years old, a minor. Now a company called Takhar Collection Group is harassing me and calling me, threatening me for this BMG company and I did not order the CD. All Takhar Group can tell me is my first and last name and my home address, which have not lived in for 5 years. My question is this, when I write my Cease and Desist letter to BMG, can I state that I was a minor therefore this should not apply to me? What do I need to state so that these harassing calls can stop and this so called debt that I have no record of be stopped. Thank you!

Anonymous client says February 26, 2013

I am now in MN but was in NJ as a public school teacher from 2007 to 2012. I recently found out from an investigation that a law firm conducted that my previous employer was not giving me a good reference for potential employers. Some things on the report speak of my mental and physical health, make purposely untrue statements about me and basically will turn off any potential employers from giving me a job. I want to go further than cease/desist. Can I sue them?

Thompson Hall says March 25, 2013

Anonymous,

We’ve responded to your question here: http://minnesotalawyer.com/can-i-sue-my-former-employer-not-giving-good-reference

Amber says May 25, 2013

Aaron – I have emailed you about sending a C&D letter. Thanks!

Larry W. Brown says May 27, 2013

Hi – I cannot access the copyright-cease-desist-letter.doc, get this page error: You 404’d it. Gnarly, dude.

Thompson Hall says May 28, 2013

Larry,

We’ve corrected the download link and apologize for any inconvenience.

N/A says August 23, 2013

Someone in the family wrote about 20 posts on facebook allslandering me and my character. Very bad. My family could see all the lies this person decided to write about me. They claim it is private but not to all of their friends. Someone sent me copies of them. It is really bad. Can you tell me what are California laws on this? What can i sew them with and how would they put a dollar amount on this. I feel so violated.

Ian says December 6, 2013

Hi,

A friend of mine received Cease & Desist letter from facebook, they demanded to shutdown the sites on which he was selling automation software (bots) and refered as it may violate facebook and computer fruad and abuse act, california comprehensive data access and fruad act and also united states lanham act.

They demanded to respond in 48 hours, confirming that he

has preserved and will continue to preserve in the future all information related to Your sale of software related to Facebook or Instagram;

has stopped and will not in the future sell or offer to sell any software code designed to access or interact with the Facebook and Instagram websites and/or services;

has shut down all websites You operate that are used to sell Facebook or Instagram related software, and have removed all advertisements or postings on external websites advertising or describing your Facebook or Instagram services;

has stopped and will not in the future access Facebook’s or Instagram’s website(s) and/or services for any reason whatsoever;

has stopped and will not in the future sell or offer to sell Facebook fans, likes, tags, subscribers, friends, or accounts, or offer any other services connected to Facebook through any means, including but not limited to http://www.xxx.com, and http://www.yyy.com;

has stopped and will not in the future sell or offer to sell Instagram followers, comments, likes, or any other services connected to Instagram through any means, including but not limited to http://www.xxx.com, and http://www.yyy.com;

has removed all references to Facebook and Instagram from any and all websites that you own or have the ability to control, including to http://www.xxx.com, and http://www.yyy.com;

will account for and disgorge any and all revenue earned from Your unauthorized marketing activities to Facebook and Instagram users; and

will strictly comply with Facebook’s and Instagram’s terms of service.

Along with this they also demanded

A complete list of any and all Facebook and Instagram accounts You have created, developed, maintained or controlled;

A complete list of domain names that You own, maintain or control;

A complete accounting of each and every customer who purchased your software, or any other Facebook or Instagram services, including an accounting of all compensation or revenue received by You, and the URLs for each profile and/or Page for which You rendered those services; and

A copy of each and every version of any software code You have developed or used to interact with the Facebook and Instagram websites and/or services.

He is a non-US resident, and is willing to comply with this. So could you please give some light on how he should reply to this letter and what steps he should take to comply and get everything sorted without being in trouble?

Thanks

Sherre Nightingalr says January 2, 2014

I am currently an auto sales women,
My former dealership has been sending letters to my clients with regards to lease experiation, well wishes, thank you for your continued business. Etc .
The letters are being signed with my name In Pen.This is causing confusion for my clients, as most are aware Thea I had moved dealerships, and I wonder how many scheduled to go in, only to be told, I was no longer there. My name is used for their gain.
How do I. handle this please. I have left 9 months ago and one client just got his and called me to ask if I had gone back? Recommendation please, and thank you.

Anonymous T says March 14, 2014

I recently filed a FLSA / Wrongful termination lawsuit against my former employer. The case has settled but in the last few days I was informed my former employers spouse is telling people that I am harassing my ex employer and laying blame for financial difficulty and health problems due to the stress of the legal implications of their actions on me. I have done no such things that would be considered harassment and stayed within legal channels for a solution to the situation. How can I stop them from ruining my professional name with such lies?

Troy says April 1, 2014

I do not Get IT.

Is the art of law just writing letters, filing briefs, and court stuff? Is that kind of like medicine where a doctor makes an educated guess, fuck’s things up, and keeps billing the client until the IRS seizes their assets or they die? Where does money come from?

Thank you on behalf of my federal treasury agent associates.

stan says April 22, 2014

I woud appreciate it if you would make suggestions regarding a demand letter I am sending..I have left out the names of who this email is going too. Please be so kind to respond to my email address.

Thanks,
Stan

It has been several weeks now since you promised to get back to me regarding the large loss of investment I incurred auto-trading your stock options/spread trades.

To summarize, one of the main promises agreed to between myself and Jonathan Roberts was in how my money would be invested, knowing and understanding about the importance of the preservation of these funds due to the fact that the funds would be needed for any future medical costs that will be incurred since the set aside funds were for the purpose of paying for any future medical costs pertaining to specific injuries sustained until all funds are exausted.

My first call was to name deleted and I informed him as to the reason for my investment and what the money was to be used for. He then said he would first speak to Mr name deleted who would be doing the actual trading to let him know about my situation before agreeing to accept and agree to auto-trade my money.

During my conversations with name deleted, I was told that the most I could lose would be 800.00 per weekly trade and that he would try to make me a profit of 200.00 per weekly trade, a loss to win ratio of 4 to 1 which I assumed was reasonable in light of his past claimed track record. When I showed concerned at losing 800.00 and for each 800.00 losses it would take me 4 months to get back the money I lost and put me at break even.. he assured me that this rarely happens

He said he never allows a trade to get out of hand and would rather take a small loss and move on to the next trade.

When Mr name deleted heard my concern about preservation of capital, he said to me that I should feel confident because he had not had a loss in over 20 trades and only 3 losses in total over a two or three year period. ..He assured me that safeguards were in place to protect against large losses.

After I questioned Mr name deleted about the first loss of about 1,000.00, he assured me not to worry and to show patience. My account was down from 34,565.00 to 33,366.00 .
On Sunday I again checked my account balance and I could not believe my eyes since it showed my account balance was now down to 28,622.00..

In closing, your mismanagement of my money was due to carelessness and recklessness and the claim that you had safeguards in place to protect against large losses were obviously not true.
You cannot expect me to take this loss without a fight nor do I intend to do so.

I am now demanding that you refund me all or most of the money that you lost in my auto trade account and If I do not get a satisfactory and immediate response to this email than I will be forced to take the necessary action required to try to get back the money I lost..

Should you choose to ignore my demand than I will let you know how I intend to proceed..

Sincerely,

The Definitive Guide to Recipes and Copyright - Paleo Living Magazine says July 6, 2014

[…] to send them a cease and desist letter (or hire an attorney to write and send one). Here’s a website that offers a sample cease and desist letter to give you an idea of what one would look like. (Note that hiring an attorney to write your letter […]

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barb says September 10, 2014

Recently I had someone download a private sensitive message via fb. They have in turn sent a copy through email and handed out to others. He is trying to slander, discredit, etc… myself and my family. Neither I and the other person gave any sort of permission. They continue trying to do this.

Elderly Ombudsman says September 19, 2014

I help pay bills for an 89 yo friend with macular degeneration. She opens her mail and I help her to decipher it. Despite that fact that she has been entered in both the DO NOT CALL and DO NOT MAIL registries, she continues to receive solicitations from several companies. I am astounded at the volume of junk that is sent via USPS and very irritated at the verbiage used in these mailings specifically to scare the recipient into responding. One in particular, Vehicle Assurance, “warned” her of the expiration of their “offer” for vehicle maintenance. This caused her to panic. She has already suffered through two bouts of shingles and doesn’t need this uninvited stress. I have contacted them to have her removed from their mailing list but she continues to receive mail. Is there a template or form letter that I can assist her to send demanding that these various companies remove her from their mailing lists? We would be able to send them registered/certified mail to confirm they have received the letters and keep track of those to whom she has sent “removal” requests. I am constantly assuring her that she does not have to worry about most of what she receives in the mail but she is, like I said, 89 years old and it seems no amount of assurance helps. I have asked her to let me open the mail so she won’t needlessly worry about the junk mail but, unfortunately, that doesn’t always happen. Any help you can provide would be greatly appreciated.

Bev says October 3, 2014

Horrendous senior bullying in retirement parks. 14 yrs. of property damage, insurance co. reimbursement when the management should have protected me as a woman, but more protection for the men as bullies. Electronics now play a part of this harassment & other residents play a key into its secrecy. Outside of broken windshields, home entry- have video & documentation from police & reimbursement from insurance company. belong to a nation-wide organization that has been instrumental in assisting & exposing these crimes. This corporation that own the retirement park has been taken to court by 2 other states for “harassment”. New neighbor next door bangs on outside walls, runs around house, had intestines & other organs placed @ front door. Wife is a screamer. Have had medical issues from shocks to the body that are common to many of our victims. These are criminal issues & police do not intercede.

Already too exposed says October 11, 2014

My full name, current home address, personal mobile number and email recently all come up in a bundle on a single website (whois) when I google myself, which I do every so often exactly for the reason that I don’t want my personal info to be so easily obtained. I used to own a website domain for my restaurant, which I had bought from Godaddy. I never intended for them to publish, sell or otherwise make available my info to any website. I paid good money for their services from 2005-2009, and now suddenly this happens when my info is completely irrelevant to anyone wanting my old domain. I am now exposed to fraud, identity theft, even burglary or any kind of random abuse really. According to the internet and European law, I can ask google to remove the search results, but I cannot remove the actual info from the website it is hosted on without writing up a cease and desist email to the webmaster responsible for that content. Does anyone know where I can find a cease and desist template regarding personal data protection??

Resource Magazine Protecting Your Photos Online - A Student Guide - Resource Magazine says November 8, 2014

[…] it piracy does happen, you should calmly create a “Cease & Desist’” form and send it to the infringer. Unfortunately, there’s a chance this can […]

Rosette Reech says December 23, 2014

Great article for the collections industry. The CFPB takes compliance serious and collection agencies must obey the laws.

Need Help: Trouble With Website - Page 3 says March 17, 2015

[…] the very least, you may want to send them a cease and desist due to the content being […]

A Guide to Plagiarism and Theft in Photography - DIY Photography says June 8, 2015

[…] Here are some cease & desist letter templates. […]

steve vander veer says July 14, 2015

Art, design & production templates (dieline, bleeds & trims) were used by a printing company in the commercial production of printed pieces for which they were paid.
As the design house, we have not been paid. We wish for said print facility to cease & desist from using the previously mentioned pieces for any future work (which has already happened once – about 10 days after 1st production run, with alterations performed onsite).

Chrześcijańska alternatywa dla Facebooka- Brazylijska Facegloria | antyekumenia says August 15, 2015

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Marky Archer says September 1, 2015

Thank you very much for copies of forms. You are very generous. It helps a great deal when trying to handle things in your life.

Are Cease And Desist Letters Legal | Great Simple Legal Advice says September 18, 2015

[…] Cease & Desist Letter Templates, Examples & Sample … – Copyright Cease & Desist Letter Template. The following is a Cease and Desist Letter template for those who are looking for a sample form to use as an example. […]

Breaking: Ex-Benghazi investigator alleges Rep. Gowdy violated federal law - Page 3 says October 13, 2015

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Despre dreptul de autor, reţete şi creaţii - simonacallas says November 18, 2015

[…] să le trimiteţi o scrisoare de încetare (ori să angajaţi un avocat care să se ocupe de asta). Aici găsiţi un website care oferă un model de astfel de scrisoare. 5. Dacă nici scrisoarea […]

Today Show Feature: How to Know If Your Photos Have Been Stolen, What To Do About It & Other FAQ's - Baby Making Machine says January 5, 2016

[…] and ask them to take it down or face legal action. If I want to be more formal, I’ll write a cease and desist letter so they know I mean business before next steps. That is their […]

carl says January 23, 2016

I need to send a “cease & desist letter” to a security manager who lies & deceives patients to cover up staff misconduct

Should You Copyright Your Music? Truths And Myths says February 15, 2016

[…] For example if someone took a song of yours and uploaded it on YouTube you could file a DMCA digital millennium copyright act claim against them and have the song removed. If the other party who violated your copyright still doesn’t take your song down you can also send them a cease and desist letter. […]

Copyright – Gessami Dato says February 23, 2016

[…] in good quality (as long as they don’t make profit from it). It also explains how to write a cease and desist letter in case I do find someone breaching my […]

APEGA – PART III addendum – A MUST READ!!!! – ddroverblog says March 2, 2016

[…] their “cease and deist” letters because they all say the same thing – see link here just in case a readers wants to write me a “cease and desist” letter!  They are easy […]

Public Domain & Fair Use: Part One – Liz Schriftsteller says March 16, 2016

[…] going to claim protection under the fair use laws you still might be sued, or at least receive a Cease and Desist letter from copyright owner’s legal team.  Again, just because someone threatens to sue you, […]

Hey That’s My Artwork! | theartshake says April 5, 2016

[…] is another article with some nice letter templates that you can […]

Florence says June 3, 2016

I need to stop someone from calling me & using his porn site Facebook site texting constantly & calling me 5 to 7 times in one day to vent his marital grievances & defaming his spouse . He calls & leaves recorded messages on my business phone, home phone at 4 am & all day on my CELL phone. I have blocked him but he now is using other peoples sites & phones to contact me. I feel like I’m being stalked & it has affected my health

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[…] my work for download. Stop, or me and my publisher and lawyers will get involved. Some examples are here. It can’t hurt to check the laws both in your state and the state the site is supposedly […]

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