Cease and Desist - IP Infringement

CEASE AND DESIST LETTER — INTELLECTUAL PROPERTY INFRINGEMENT

Authoring Checklist — Remove Before Sending

• ☐ Select only the claim modules that current facts and law support.
• ☐ Confirm the sender owns or exclusively controls the specific right asserted.
• ☐ Identify every registration, application, patent claim, work, mark, accused product, URL, and act with precision.
• ☐ Preserve screenshots, source files, purchase records, specimens, claim charts, and chain-of-title documents.
• ☐ Evaluate licenses, consent, exhaustion, fair use or other permitted use, invalidity, noninfringement, and jurisdiction-specific defenses.
• ☐ For copyright, confirm registration status and the timing limits in 17 U.S.C. §§ 411 and 412 before threatening suit, statutory damages, or fees.
• ☐ For patent, confirm patent term, ownership, asserted claims, marking, and notice under 35 U.S.C. § 287 before stating a damages period.
• ☐ Confirm personal jurisdiction, subject-matter jurisdiction, venue, and service before naming any court.
• ☐ Use a realistic response date supported by the urgency and delivery method.
• ☐ Do not label the recipient an “infringer,” declare a “default,” promise bond-free relief, or state that receipt itself establishes liability.
• ☐ Have counsel review potential declaratory-judgment, business-tort, competition, and publicity risks before sending.

[RIGHTS-HOLDER OR LAW-FIRM LETTERHEAD]

Date: [__/__/____]

Delivery: [________________________________]

To:

[RECIPIENT LEGAL NAME]

[RECIPIENT ADDRESS]

Attn: [________________________________]

Re: Request to cease identified use of [MARK / COPYRIGHTED WORK / PATENTED INVENTION]

Dear [________________________________]:

We represent [RIGHTS HOLDER LEGAL NAME] (“Rights Holder”). This letter states Rights Holder's position and requests a response. It is not a court order, judgment, or contract, and it does not by itself create a recipient default, admission, waiver, or duty to sign a certification.

1. Rights Asserted

Complete one or more modules and delete the others.

Rights Holder's supporting materials are attached as:

• Exhibit A: registrations, ownership, and chain-of-title records
• Exhibit B: dated evidence of the accused conduct
• Exhibit C: [trademark comparison / copyright comparison / patent claim chart]
• Exhibit D: relevant licenses, correspondence, and notice history

2. Factual Basis

Rights Holder understands the relevant facts as follows:

1. On [__/__/____], [PERSON] observed [SPECIFIC CONDUCT] at [URL / LOCATION / PLATFORM].
2. The accused material is identified by [SKU / LISTING / DOMAIN / FILE / VERSION / CAMPAIGN].
3. The comparison supporting Rights Holder's position is: [________________________________].
4. Prior authorization, license, or consent: [NONE IDENTIFIED / DESCRIBE].
5. Prior notice or communications: [________________________________].
6. Continuing or threatened conduct: [________________________________].

If any material fact is incomplete or incorrect, please identify the specific point and provide supporting records with the response.

3. Requested Resolution

Without conceding any claim, defense, or remedy, Rights Holder requests that Recipient by [TIME] on [__/__/____]:

• stop the conduct specifically identified in Sections 1 and 2;
• remove or disable the specifically identified material within Recipient's possession or control;
• suspend further manufacture, importation, distribution, sale, advertising, display, or use of the identified material while the parties evaluate the dispute;
• identify remaining inventory, listings, accounts, distributors, vendors, and promotional channels related to the identified conduct;
• provide transaction and revenue records reasonably sufficient to evaluate the period and scope of the alleged conduct;
• state whether Recipient claims a license, consent, ownership interest, permitted-use defense, noninfringement, invalidity, or another basis for the conduct; and
• propose a practical method to resolve remaining inventory, customer communications, corrective material, and future use.

These are settlement requests. Recipient is not represented as having accepted them unless the parties execute a written agreement or a court enters an order.

4. Preservation Request

Because litigation is reasonably anticipated [DESCRIBE FACTUAL BASIS], please take reasonable steps to preserve nonduplicative information within Recipient's possession, custody, or control that is relevant to the identified dispute, including:

• source and design files, product specifications, repositories, revision histories, and metadata;
• listings, advertisements, domains, social-media content, analytics, and platform communications;
• sales, inventory, manufacturing, supplier, distributor, and customer records;
• licenses, assignments, permissions, clearance searches, and communications about the asserted right; and
• devices, accounts, backups, and retention settings reasonably likely to contain relevant electronically stored information.

Fed. R. Civ. P. 37(e) addresses electronically stored information that should have been preserved in anticipation or conduct of litigation, is lost because reasonable steps were not taken, and cannot be restored or replaced. Available measures turn on prejudice or intent. This letter does not state that sanctions, an adverse inference, or contempt arise automatically from receipt.

5. Optional Written Response

Rights Holder requests a response signed by an authorized representative that:

1. identifies the responding person and authority to respond;
2. states which requested steps Recipient has taken, declined, or proposes to modify;
3. identifies any material factual disagreement and supporting documents;
4. identifies any license, consent, ownership, priority, permitted-use, noninfringement, invalidity, or other position Recipient asks Rights Holder to consider; and
5. provides counsel's contact information, if Recipient is represented.

Do not use an “under penalty of perjury” response merely because this form requests one. Any sworn or unsworn declaration should be used only when counsel determines it is required or permitted by applicable law and supplies the legally appropriate form.

6. Claim-Specific Remedies Review

Do not retain a remedy unless the selected claim, facts, prerequisites, and requested relief support it.

Any temporary restraining order or preliminary injunction must satisfy Fed. R. Civ. P. 65 and applicable substantive law. Rule 65 requires notice for a preliminary injunction, imposes specific conditions for an order without notice, and generally requires security in an amount the court considers proper. This letter does not promise ex parte, bond-free, or automatic injunctive relief.

7. Jurisdiction, Venue, and State-Law Review

Potential court and venue: [________________________________].

Basis for subject-matter jurisdiction: [________________________________].

Basis for personal jurisdiction over Recipient: [________________________________].

Venue statute and facts: [________________________________].

Possible state-law claims or defenses, including preemption analysis: [________________________________].

A demand letter cannot create exclusive jurisdiction or venue by unilateral “forum selection.” Delete any proposed court that counsel cannot support from current facts and law.

8. Resolution and Reservation

Rights Holder is willing to discuss a prompt, documented resolution. Please direct communications to:

[NAME]

[TITLE / FIRM]

[ADDRESS]

[PHONE]

[EMAIL]

Nothing in this letter grants a license, admits a fact or defense, waives a right, extends a limitation period, or states that every listed remedy is available. Rights Holder reserves only those claims and remedies supported by current law and the developed facts.

Sincerely,

________________________________

[SIGNATORY NAME]

[TITLE]

[RIGHTS HOLDER / LAW FIRM]

Enclosures: Exhibits [____]

OPTIONAL RESPONSE FORM

This form is requested, not compelled by the letter.

Recipient: [________________________________]

Authorized representative and title: [________________________________]

Date: [__/__/____]

• ☐ Recipient has stopped the specifically identified conduct.
• ☐ Recipient disputes that the identified conduct infringes or violates Rights Holder's rights.
• ☐ Recipient requests additional time until [__/__/____] for the following reason: [________________________________].
• ☐ Recipient proposes the following resolution: [________________________________].
• ☐ Recipient is represented by counsel identified below.

Material factual corrections or defenses:

[________________________________]

Documents provided with response:

[________________________________]

Counsel contact, if any:

[________________________________]

I confirm that this response accurately states Recipient's present position based on information reasonably available to the undersigned. This is not an admission of liability and is not an agreement unless separately accepted in a signed writing.

________________________________

[SIGNATURE]

________________________________

[PRINTED NAME AND TITLE]