Copyright Cease & Desist Letter
This Copyright Cease and Desist Letter is designed for use as a first step
when enforcing intellectual property rights. Cease and desist letters are
also known as “letters of claim” and “letters before action”. If you or
your business become aware that another party is infringing your copyright,
action should be taken quickly once you are in possession of all the
relevant facts. The role of a cease and desist letter is to put an
infringer on notice that their infringing activities are known and seeks to
resolve the matter without resorting to costly and potentially
time-consuming legal action.
This Cease and Desist Letter template has recently been reviewed for
compatibility with the Intellectual Property (Unjustified Threats) Act 2017
and has been updated to conform with current best practice.
Due to the risk of threats actions being sought against would-be IP
claimants, it is essential that this letter is not used in relation to any
IP rights other than copyright (for example, some claims in copyright may
also relate to a registered design). If the alleged infringement covers
multiple forms of IP, or is in any way unclear or uncertain, legal advice
should be sought before taking any steps.
You should set out details and evidence of the alleged infringement but be
aware that balance is important. You should provide sufficient detail to
support your allegation, but not so much that information is revealed that
would place you at a disadvantage. Evidence of infringement may include,
for example, specimens, photographs, marketing materials, and other
Having set out the details of your copyright and the alleged infringement,
a series of undertakings required of the recipient is provided. Of these,
the second requires information from the infringer designed to enable the
accuser to calculate what sums may be due to them to compensate for the
infringement (a subsequent undertaking requires the infringer to pay such
sums). It is important to note that what is sought will vary depending upon
the circumstances. In some cases, a full account of profits may be
desirable. On the other hand, for lesser infringement, it may be preferable
to agree upon a smaller sum in the interests of concluding matters quickly
and amicably without resorting to further legal action. Once again, where
there is any doubt or disagreement, seeking proper legal advice is urged.
Optional phrases / clauses are enclosed in square brackets. These should be
read carefully and selected so as to be compatible with one another. Unused
options should be removed from the document.
This document is in open format. Either enter the requisite details in the
highlighted fields or adjust the wording to suit your purposes.
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