Cease and Desist: Your First Line of Defense
by Tracy Work
You spot it on Instagram. Your artwork—your exact artwork—on someone else’s T-shirt. Or your course material being passed off as “inspiration” on a competitor’s site. Or maybe your quirky brand name now gracing a suspiciously similar Etsy shop selling knockoff versions of your product.
What do you do? You send a cease and desist letter.
Not a rant. Not a public call-out. Not a passive-aggressive email. A cease and desist (C&D) letter is the grown-up, professional way to say: “Hey, that’s mine. Stop using it.” And when done right, it works surprisingly often.
Here’s what every creator, founder, and small business owner needs to know.
What Exactly Is a Cease and Desist Letter?
A C&D is a formal written notice that tells someone to stop doing something you believe is illegal—usually infringing your rights—and explains the consequences if they don’t. It’s not a lawsuit, but it can be the shot across the bow that gets results without heading straight to court.
If your copyrighted content, trademarked brand, or other intellectual property is being used without your okay, a C&D is often the most effective first step.
Does It Work Without a Lawyer?
Yes. A well-crafted letter, even sent by you directly, can carry plenty of weight—especially if the infringement is clear and your tone is professional. That said, if the situation is complicated, high-stakes, or international, having a lawyer draft it (or at least review it) is usually money well spent.
Do I Need to Have Registered My Rights?
Not necessarily. You can send a C&D letter based on:
Copyright: If you created something original and it’s fixed in a tangible medium (like saved on a computer or printed), you already have rights—even without registering.
Trademark: If you’ve been using a name, logo, or slogan in commerce to identify your products or services, you may have “common law” rights, even if you haven’t registered with the USPTO.
However, having a registered copyright or trademark does make your claim stronger and usually speeds up compliance.
When Should You Send One?
When the infringement is obvious.
When it’s causing harm to your business or reputation.
When you want to preserve your rights and possibly lay the groundwork for stronger legal action later.
But not every case demands one. Sometimes a polite email does the trick. Sometimes the infringement is minor or unintentional. And occasionally—say, when a customer is venting—you’re better off not escalating.
What Should the Letter Say?
At a minimum, your C&D should:
Identify who you are and what rights you have (e.g., “I’m the creator of the photo titled ‘Desert Dusk,’ published on my website in May 2023”).
Describe how the recipient is infringing.
Demand that they stop (cease and desist).
Give a deadline.
Explain what happens if they don’t comply.
Tone matters. Keep it clear, calm, and firm. You're not trying to pick a fight—you’re staking out your rights with professionalism.
What Happens After You Send It?
One of four things:
They comply. Great! Document everything and move on.
They ghost. If so, you may need to follow up or escalate.
They push back. They might argue fair use or deny wrongdoing. If things get complicated, call your lawyer.
They escalate. In rare cases, they may even preemptively sue to declare they’re not infringing (a “declaratory judgment”). That’s uncommon, but a risk to weigh.
What If They’re On Etsy? Instagram? Amazon?
Then it’s time to layer on platform-specific tools. Most major platforms have forms for reporting copyright or trademark violations. If a C&D doesn’t work—or if the infringer is hard to contact—this is often your next move.
One Last Word of Advice
Sending a C&D letter doesn’t make you a jerk. It makes you a professional who respects your work and expects others to do the same. Just be thoughtful. Sometimes, how you say “stop” can matter as much as saying it.
If you’re unsure whether you’re in the right—or if you get a C&D yourself—reach out to a lawyer. The early steps you take often shape how the whole thing unfolds.
Want to protect what’s yours without unnecessary drama? A cease and desist might be exactly the quiet-but-powerful move you need.