Intellectual Property Cease and Desist Letters
Intellectual property and confidential business information can be central to a business’s value, reputation and competitive position. Where those rights or protections are infringed, a cease and desist letter can be a practical first step before formal legal action is considered.
The documents in this collection cover infringement or misuse involving copyright, trade marks, registered designs, patents, passing off, confidential information and breach of licence.
Cease and desist letters for IP infringement
These templates help rights holders set out the alleged infringement and require the recipient to stop the offending conduct. They are designed for common IP enforcement situations involving:
- copyright infringement;
- registered and unregistered trade mark infringement;
- registered design infringement;
- patent infringement; and
- passing off.
Letters for breach of confidentiality and licence terms
The collection also includes letters for situations where confidential information has allegedly been misused or a licensee has acted outside the terms of an intellectual property licence.
These letters can help the rights holder require the recipient to stop the breach, provide an undertaking, and, where relevant, hand over materials or documents connected with the breach.
First enforcement step before legal action
A cease and desist letter is often used to put the recipient on notice, explain the alleged breach or infringement, and require corrective action by a specified date.
If the letter does not resolve the issue, further legal action may be necessary.
Intellectual Property Cease and Desist Letters is part of Business . Just £38.50 + VAT provides unlimited downloads from Business for 1 year.
Frequently Asked Questions
Someone is infringing my intellectual property. Should I send a cease and desist letter first? +
Usually yes. A cease and desist letter is a common and cost-effective first step. It sets out the alleged infringement, requires the recipient to stop by a specified date and can ask for an undertaking not to repeat it. Many disputes settle at this stage without court proceedings. If it does not resolve matters, you can escalate to legal action, so the letter also helps show you tried to settle.
Which cease and desist letter do I need for which type of infringement? +
It depends on the right involved. This sub-folder has letters for copyright infringement, registered and unregistered trade mark infringement, registered design infringement, patent infringement and passing off, plus letters for misuse of confidential information and breach of an intellectual property licence. Match the letter to the right you hold, because the basis of the claim and what you can demand differ between them.
Are there risks in threatening someone over a trade mark, design or patent? +
Yes. For trade marks, patents and designs there are unjustified threats provisions, so if you threaten infringement proceedings without proper grounds, a person aggrieved by the threat can sue you, and may claim damages and an injunction. The rules were updated in 2017 and shape how such letters should be worded. There is no equivalent threats regime for copyright or passing off. Getting the basis right and wording the letter carefully matters, especially for registrable rights.
What should a cease and desist letter contain? +
It should identify the right you hold and the alleged infringement, require the recipient to stop the offending conduct and often ask for an undertaking not to repeat it and, where relevant, delivery up or destruction of infringing material. It should set a clear deadline for a response and reserve your rights to take further action. These templates are structured to cover those elements for each type of right.
What if the cease and desist letter does not work? +
If the letter is ignored or rejected, you can escalate to formal legal action to enforce your rights, which may include an injunction to stop the conduct and a claim for damages or an account of profits. Before issuing a claim, sensible pre-action conduct is expected, and the cease and desist letter helps show you tried to resolve matters first. Take advice on the merits and cost before litigating, because IP disputes can be expensive.
