Cease and desist letters are often the first step in addressing unauthorised use of your intellectual property before taking legal action.
Our expert solicitors draft letters that clearly outline the unlawful activity identified, to support the legal basis for your claim and the actions required to resolve the issue.
These letters can stop infringement without resorting to lengthy court proceedings, by demanding that the recipient takes, or refrains from taking, certain actions, saving time and cost. If the opposing party ignores or contests your notice, we stand by your side, advising on how to escalate matters effectively and with minimal disruption to your organisation.
We pride ourselves on our attentiveness to deadlines, ensuring we respond promptly to any counterarguments. By presenting a strong, reasoned position from the outset, you show that you take your rights seriously and are prepared to defend them.
It’s a formal letter (sometimes called a ‘letter before action’) that sets out your rights and asks someone to stop infringing them – for example using your brand, copying your product, or misusing confidential information. It states what they must do and by when. Well drafted, it often resolves the matter without court proceedings.
In many cases, yes – a clear, credible letter from solicitors prompts the other side to stop or negotiate, which is far cheaper than litigation. Success depends on the strength of your rights and how the letter is pitched. Too weak and it’s ignored; too aggressive and it can backfire, so it’s worth getting right.
You can, but there’s real risk in getting it wrong. Overstating your rights or making an unjustified threat – particularly over trade marks or patents – can expose you to a counterclaim. A letter drafted by IP specialists carries more weight and protects your position. We prepare these routinely and know how to make them land.
Don’t ignore it and don’t rush to comply or reply in anger – some letters overstate the sender’s rights. Take advice quickly. We’ll assess whether the claim is valid, whether you have a defence, and how best to respond, so you resolve it on the best terms without escalating unnecessarily.
“…clear, practical advice…”
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