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'Cease and Desist!':
a guide to assessing & responding to cease and desist letters

When someone receives a letter from an attorney, or from an individual or organization, claiming infringement of any legal right (we'll refer to these letter-senders as "rights holders"), the natural responses may include anger, upset, and confusion. When the letter demands that the recipient "cease and desist" from some activity, or otherwise risk being sued, the natural response is likely to include intimidation as well.

Cease and desist letters can be used to assert any sort of legal right, and are often used for copyright, trademark, and related "IP" claims. People may think they have been sued when they receive a cease and desist letter. This isn't the case. The letter may threaten a lawsuit, but it is not the same as a complaint that is filed when an actual lawsuit begins.

A variation on the cease and desist letter is the "Section 512 takedown notice", named after Section 512 of the Digital Millennium Copyright Act (the "DMCA"). A § 512 takedown notice is sent, not directly to an individual, but to her Internet service provider (ISP), which is defined broadly in the DMCA to include search engines, website hosting services, caching services, and companies that simply provide access to the Internet. In some instances, the organization or individual targeted by the § 512 takedown notice may also receive a copy, either from the ISP or directly from the sender.

This set of pages explains the kind of IP claims that are often made in cease and desist letters, as well as free speech defenses, penalties, and remedies for violations of copyright or trademark rights. No page of general information can substitute for talking with an attorney about the specific facts of a situation, but this general information can help people confronted with cease and desist letters to make an informed assessment and decide what to do next.

1. Critical Evaluation of the Letter
2. Understand Legal Claims in Cease and Desist Letters
3. Learn the Potential Consequences
4. Assess Options & Take Action
   • Sample Response Letters

Learn more:

• DMCA § 512 Takedown Notice