- Intellectual property
- November 08, 2016
What to do when you receive a Cease & Desist letter?
By Lawbite Team

What is a Cease and Desist Letter?
Immediate Steps
You received a C&D letter - what are your options?
- Ignore it? This is not a legally binding document. It is neither a Court summons nor legally binding contract so you are within your legal rights to ignore it bearing in mind it could lead to the sender pursuing litigation. Ignore at your peril. Money could be saved here by complying now rather than spending down the line for Court costs so have your wits about you!
- Comply? Do what the letter asks of you! Cease and desist may be cheaper, less stressful and in the long run better for your business. Even if you disagree with the content if your actions are minor is it worth the threat of legal proceedings looming over you?
- Respond? Calm down and respond calmly! A measured response dealing with each aspect of the C&D. Addressing the allegations, giving explanations, negotiating a way to keep you both happy. If you are so inclined fire back with a C&D of your own but be prepared for a battle.
- Negotiate? It helps to talk and figure out a solution. If you’ve infringed an intellectual property right could you suggest a licence to use their right?
In closing
Nothing in this article constitutes legal advice on which you should rely. The article is provided for general information purposes only. Professional legal advice should always be sought before taking any action relating to or relying on the content of this article. Our Platform Terms of Use apply to this article.
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