Response to a Cease and Desist Letter

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A response to a cease and desist letter is a written reply that tells the sender whether you accept or deny the claims in their letter. You can agree to stop, explain why you disagree, or answer with a counter letter if you think the sender is the one infringing. FormsPal’s free template helps you write a clear reply that you can review with a lawyer before you send it.

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About a Response to a Cease and Desist Letter

A response to a cease and desist letter is the written answer you send back to the person or company that sent the original letter. It shows that you received the letter and tells the sender how you plan to handle the claims. It can be short, as long as it names the letter, states your decision, and gives your reasons.

A response can do one of these things:

  • accept the claims and agree to stop
  • deny the claims and explain why
  • ask the sender for more information
  • answer with a counter cease and desist letter

Key Terms in a Cease and Desist Response

Cease and desist letters use a few terms that are easy to mix up. Knowing what each one means makes it easier to read the letter you received and to write your reply.

  • Cease and desist. “Cease” means to stop, and “desist” means to not continue. The letter asks the person who receives it to stop an activity.
  • Alleged infringement. A claim, not yet proven, that someone used another person’s trademark or copyrighted work without permission.
  • Trademark. A word, logo, or symbol that identifies the maker of a product or service.
  • Copyright. Ownership of an original work, such as writing, images, music, or software.
  • Counter cease and desist. A reply letter in which the receiver says the sender is the one using the receiver’s rights without permission.
  • Mediation. A meeting where a neutral person helps both sides try to reach an agreement.

What to Do if You Receive a Cease and Desist Letter

A cease and desist letter is simply a letter sent to the alleged wrong-doer about copyright or trademark infringement. It may detail legal action that can occur but sending the letter itself is not legal action. It is a warning about an infringement with steps to resolve the issue.

The first step if you receive such a letter is to not panic. Then take a few practical steps:

  • Read the whole letter and note exactly what it asks you to stop doing.
  • Keep the letter, the envelope, and any related emails or messages in one place.
  • You will want to show a lawyer the letter and determine what the next steps should be.

A lawyer can work with you through mediation or court to help you get the best solution for you. A lawyer can also help you write a response to a cease and desist letter.

This response can look different depending on how you want to respond to the initial letter. You may have been infringing on a trademark unknowingly or you may have the right to the trademark in question. A response will detail your response and prepare you for future legal proceedings.

Write down the date you received the letter and the date you send your reply. A simple timeline helps you and your lawyer keep track of each step.

How to Handle a Cease and Desist Letter

Your cease and desist response will depend on your reaction to the letter. Once you have met with a lawyer, you can determine how you want to respond and what the letter will entail. Meeting with a lawyer should be the first thing you do after carefully reading the letter.

There are two main responses to a cease and desist letter: accepting or refusing the claims.

  • Accepting the claims. By accepting the claims, you are agreeing to stop using the trademark. You may have to sign an agreement, but no further legal action will be taken against you.
  • Denying the claims. If you deny the claims, you will likely want a lawyer. You will want to gather evidence to prove your case. This may involve asking the sending party to send more evidence.

If you believe that you have the trademark over the dispute in question, you may send a counter cease and desist as a response. There are many reasons that you would deny a claim and a lawyer can help you build your case.

Sending a counter letter of your own? Start with the trademark cease and desist letter template or the copyright cease and desist letter template.

You can also choose to not respond to a cease and desist, though this can lead to further problems. Response times may vary, but you should respond as soon as possible so that the sending party knows that you received that letter.

All responses should be handled personally or between lawyers. Any statement made publicly can be used against you in the future.

How to Respond to a Cease and Desist Letter

Your response to the initial letter should be clear and present your resolution to the alleged infringement. Including all of the necessary information will help your case if the claim moves to court.

  1. Read the letter thoroughly. Make sure you understand what the claims are and what the letter asks of you. This will help you decide what steps to take.
  2. Meet with a lawyer. A lawyer familiar with copyright and trademark law can help you determine what you should do next. They can help you write your response after you decide what you want to do. A lawyer may also help determine how strong the sender’s case is over your case if you want to fight the claims.
  3. Choose the response. Your response to a cease and desist letter will depend on how you accept or deny the initial letter. Accepting the claims will typically not involve as much work. Denying the claims may involve evidence of your own as you present your case.
  4. Prepare the response. A response to a cease and desist letter template will help ensure that you have all of the required information, especially when denying the claim. With a lawyer and a template, you can prepare your response either way.
  5. Negotiate. Even if you accept the claims, you may have to negotiate the final agreement. When denying the claims, you will need to negotiate to find the right solution that works for everyone.

Cease and Desist Response Letter Sample

When drafting a cease and desist response, you will want to include the necessary information. This is a letter that can be used in court if legal proceedings go that far. A response to a cease and desist template will help you include all of the required information no matter how you respond.

Both sample letters have the same parts:

  • A greeting to the person who sent the cease and desist letter
  • The date you received that letter
  • Your decision to accept or deny the claims
  • The trademark number or other detail the sender named
  • Your reasons, if you deny the claims
  • A closing with your signature and printed name

Accepting the Demands

When you accept the demands, you are agreeing that the other side is correct. You can send a letter saying that and sign an agreement to stop.

Letter Example

Dear John Doe,

This is my response to your cease and desist letter, which I received on May 20. I, Jane Doe, accept the claims you made after checking them with the United States Patent and Trademark Office.

Until your letter reached me, I did not know that we were violating trademark 87170000, which is on file with the United States Patent and Trademark Office. I have taken all measures to remove the registered trademark from all of our products.

Please review this to confirm that all trademarked items have been checked, as part of my effort to comply with your letter.

Sincerely,

Jane Doe

Denying the Demands

Denying the claims is more complicated. There are several reasons why you’re denying the demands and that will lead to different outcomes. You may find that the sending side is infringing on your trademark and send a counter cease and desist letter. You may deny any similarity or ask for more information.

A lawyer will help you determine how to build and argue your case. You will need evidence that your claim is correct. A well-written response to a cease and desist letter will help you through the legal process.

Letter Example

Dear John Doe,

This is my response to your cease and desist letter, which I received on May 20. I, Jane Doe, deny the claims in your letter, including the claim that we use your trademark filed under serial number 87170000 with the United States Patent and Trademark Office.

My logo does not dilute your trademark. As you can see on our products and website, the logo differs from yours in color and shape. Also, we have used our logo for the past ten years, which predates your first use of the logo.

For these reasons, I believe the claims in your cease and desist letter are invalid.

Sincerely,

Jane Doe

Common Mistakes When Responding to a Cease and Desist Letter

A rushed reply can leave out details or sound angrier than you intend. Look over each point below before you send your response, and ask a lawyer to review the final draft if you can.

  • Writing in anger. A calm, factual tone keeps the focus on the claims.
  • Skipping the details. Check names, dates, and trademark numbers against the original letter.
  • Guessing at facts. Say only what you can back up with your own records.
  • Sending without a copy. Keep a signed copy of your response together with the original letter.

Frequently Asked Questions

What should I do first when I get a cease and desist letter?

Read the whole letter, keep a copy, and show it to a lawyer. Take a moment before you reply, so you can choose how you want to respond. Then decide whether to accept the claims, deny them, or send a counter letter.

What should a response to a cease and desist letter include?

Name the letter you are answering and say whether you accept or deny the claims. If you deny them, give your reasons. Sign and date the letter, and keep a copy for your records.

Can I use a FormsPal template to write my response?

Yes. The FormsPal template gives you a clear layout, so you only add your own details. Ask a lawyer to read the finished letter before you send it.

General information, not legal or tax advice.

Jennifer M. Settles
Jennifer M. Settles
Author & Attorney
With over 25 years of experience as a business and transactional attorney, Jennifer has mastered the craft of closing highly successful deals for her clients. Through her wide-ranging expertise in commercial contracts, real estate transactions, M&A and corporate law, Jennifer secures results that are second-to-none.