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Use our Letter for IP infringement template when someone is infringing your intellectual property rights and you want them to stop. This Letter covers:
trade mark infringement
when there has been a breach of confidential information
You can use this Cease and Desist Letter for IP infringement if you are located in England, Wales or Scotland. For more information, read our guide on Cease and desist letters for IP infringement.
Use our Letter for defamation template when someone has published what you believe to be defamatory statements about you/your business, and you want them to remove the content and refrain from publishing the statements again. This Letter covers:
where the content was published (eg in an article or social media posts)
why you believe the content to be defamatory
how the content caused or is likely to cause serious harm
a threat of further legal action if the recipient does not remove and cease publishing the content
If defamatory statements have been made about you or your business, a Cease and Desist Letter is essential to solving your problem by, for example, having the statements taken down and ensuring such content is not published again in the future. The Letter gives the recipient an efficient warning and provides them with the opportunity to solve the problem quickly and outside of court.
If your IP rights have been infringed, a Cease and Desist Letter is a good way of protecting your rights by getting the recipient of the letter to stop the infringement. They will be provided with an efficient warning before legal action is sought and are offered a chance to solve the issue quickly.
If you give the recipient a deadline for responding and ceasing the requested action, this gives your Letter more weight and makes it more likely that the recipient will respond. The deadline should be reasonable. This is usually about 15 working days for IP infringement and between 7 and 14 working days for defamation.
Making a Cease and Desist Letter online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all of the details prepared in advance, making your document is a quick and easy process.
What information you need to make your Cease and Desist Letter will depend on the document in question. However, the types of questions you may be asked include:
What are the sender’s details (eg the business’ legal structure and address)?
If you are a partnership, LLP or company, who will sign on the business’ behalf?
What are the recipient’s details (eg the business’ legal structure and address)?
Activities the recipient should stop
What type of IP right has been infringed?
What type of work does the infringement concern (eg literary or musical)?
Is the trade mark registered and, if so, what is its registration number?
Where has the allegedly defamatory content been published?
Why is the content believed to be defamatory?
How has the allegedly defamatory content caused (or is likely to cause) serious harm to the sender?
Information about your correspondence
How long will you give the recipient to respond to your Letter before you take the matter further?
Cease and Desist Letters request that someone stop a specific type of action. While the content of a Cease and Desist Letter differs depending on the document in question, examples of common provisions in Cease and Desist Letters include:
The start of the Cease and Desist Letter identifies the type of action the recipient should stop doing. For Cease and Desist Letters related to IP infringements, this will refer to the specific IP right in question. For Cease and Desist Letters related to defamation, this will set out how the defamatory statement was published.
The section of the Cease and Desist Letter sets out why the recipient should cease their actions. For Cease and Desist Letters related to IP infringements, this sets out that the recipient did not obtain your permission to use your intellectual property. For Cease and Desist Letters related to defamation, this sets out why you believe the statements made to be defamatory and how they have (or are likely to) cause you serious harm.
This sets out what the recipient should cease doing and any other steps they should take (eg issuing a public apology). It also sets out the deadline for a response.
If you want your Cease and Desist Letter to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review or change the Letter for you, to make sure it complies with all relevant laws and meets your specific needs. Ask a lawyer for assistance.
Consider other options for resolution
If someone uses your IP without your permission or makes defamatory statements about you or your business, bringing a legal claim against them is one possible solution. However, it may be advantageous to attempt to resolve the issue in another way as this can help you save time and money. For example, you may consider attending mediation to resolve any issues you’re having or negotiating a Trade mark licence agreement, allowing the recipient to use your IP in exchange for a fee. For more information, read Alternatives to legal action and Reaching an agreement - intellectual property infringement.
Understand when to seek advice from a lawyer
Ask a Lawyer if:
the recipient does not respond to your Letter
the document does not meet your specific needs
you are based in Scotland and require a Cease and Desist Letter for defamation