What is a “cease and desist” letter?
A “cease and desist” letter (also called a “letter of demand”) is a letter, usually although not always, sent by a law firm on behalf of their client, that claims that you are breaching some right of the sender. The letter will demand that you stop or you may be sued (take you to court). The letter may also seek compensation. It will claim a breach of a civil law (rather than criminal law), so that the sender claims that they have some civil right that you are infringing.
What type of rights could be infringed?
There are a number of rights that a cease and desist letter could claim were infringed. For example, the letter could claim that you have defamed the sender (called a “concerns notice”) or you are trespassing on their land or (since 10 June 2025) you have seriously invaded the sender’s privacy.
Another common type of cease and desist letter can claim that you have infringed the sender’s intellectual property rights. Intellectual property rights are rights that protect creativity or innovation. They include:
- patents;
- design registration;
- copyright;
- trade marks.
Can I ignore a cease and desist letter?
A cease and desist letter is legally important and should not be ignored.
If you ignore the letter, the sender may escalate the matter. If the sender sends the letter themselves (rather than using a law firm) they may engage a law firm. If a law firm is already engaged, they are likely to continue to try to make contact with you. If the sender does not receive a response, they may even sue you.
What do I do if I receive a cease and desist letter
Just because a cease and desist letter is sent, it does not mean that the sender has a valid claim against you. It is up to the person who says that their legal right has been breached to prove this. It is possible that the sender does not enjoy the right they think they have, or, if they do have this right, you may not have infringed it.
On the other hand, the claim may be true and you may be infringing their right. It is then best to stop infringing and try and do a deal to compromise the dispute. The longer a dispute goes on, the more expensive it typically becomes.
Because the law is complex, it is best to quickly seek legal advice. A cease and desist letter will usually have a deadline for you to reply and comply with the demands. It is important to respond within this deadline or seek an extension of the deadline. If you fail to do either, it is possible that the sender may sue. This will substantially increase the costs of the dispute.
Scam letters
Unfortunately, recently scammers have been sending fake trade mark letters that falsely use the names of genuine Australian patent and trade mark attorneys. These letters often refer to trade mark infringement, but instead of saying that they act for someone else, they usually try to encourage you to use their services. Sometimes they even threaten to act for someone else if you don’t engage them! No reputable intellectual property firm would do this.
These type of scam letters should not be confused with a genuine cease and desist letter. A trade marks lawyer can easily spot the difference.
Conclusion
Receiving a cease and desist letter can be quite stressful. This is the time when you need an experienced lawyer to guide you through the complexities of the law and provide strategic advice to try to resolve the dispute as quickly as possible and avoid a court case.
I have acted in many intellectual property infringement matters, both sending cease and desist letters on behalf of clients and advising clients who have received such a letter. I can help both intellectual property rights’ holders and recipients of IP cease and desist letters.
This blog provides general information only, and is not intended as legal advice specific to your circumstances. Please seek the advice of a lawyer if you have any particular questions.
Liability limited by a scheme approved under Professional Standards Legislation
© Margaret Ryan, Melbourne, Australia, 2025