Cease and Desist Letter
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What is a Cease and Desist Letter?
A cease and desist letter is sent to an individual and/or a company putting them on notice of some infringing conduct, demanding that they stop that conduct and not resume that conduct again in the future.
It may warn the recipient that if they don’t comply with the letter, you may begin legal action against them. If the recipient complies with the demands in the letter, both parties may be able to avoid timely and costly legal proceedings.
We recommend obtaining legal advice before writing and sending a cease and desist letter.
What is included in a cease and desist letter?
An effective cease and desist letter typically includes the following key components:
1. Identification of parties
Clearly state the names and addresses of both the sender and recipient.
2. Description of offending behaviour
Provide a detailed account of the behaviour or action that is being objected to, including dates, times, and any relevant evidence.
3. Legal basis
Outline the legal grounds for the demand, referencing specific laws or contractual obligations that have been breached.
4. Demand for cessation
Explicitly request that the offending activity stop immediately.
5. Consequences of non-compliance
Specify the potential legal actions that will be taken if the behaviour does not cease, such as filing a lawsuit.
6. Deadline for compliance
Provide a clear deadline by which the offending party must comply with the demands.
Including these components ensures that the letter is clear, precise, and legally robust, making it more likely to achieve the desired outcome. We highly recommend obtaining legal advice to ensure all these components are included correctly.
Can a cease and desist letter be publicly disclosed?
It’s crucial to understand that cease and desist letters can become part of public records, especially if they are used as evidence in legal proceedings. This means that the contents of the letter, including all allegations and demands, could be accessible to the public.
Considering this potential for disclosure, it is important to draft the letter carefully, ensuring that all statements are factual and defensible. Public disclosure can have significant implications for the reputations of both parties involved, so maintaining a professional and factual tone is essential.
Why send a cease and desist letter?
To start, it alerts the recipient of their conduct and the reasons for which you are demanding they stop their actions. The recipient may not even be aware of any breach or infringement before you draw their attention to it.
Secondly, the letter formalises communication between you and the recipient that you require them to indefinitely stop some form of conduct.
Finally, the letter puts the recipient on notice that if they do not stop the specified conduct in the letter, you may begin legal proceedings against them, which may include a claim for damages.
Contact us today if you require any assistance with sending a cease and desist letter, or if you’ve received one.
How to send/respond to a cease and desist letter
How to send a cease and desist letter
First of all, you should consider engaging a lawyer to write a cease and desist letter for you. Don’t rely on free online templates as they may not cover properly what you’re asking for, and it may cause issues if the matter later goes to court.
The letter can be sent either by email, by post, or both. We recommend the parties to be clearly identified on the letter, as well as the background of the dispute and your demands.
How to respond to a cease and desist letter?
You should take any receipt of a cease and desist letter seriously and you must act quickly. Failing to abide by the demands of the letter may result in legal proceedings being commenced against you which can be both timely and costly.
It is important to note that just because you receive this type of letter, it doesn’t mean that your conduct is actually in breach of or infringing anything. Here’s some guidance on what you can do
1. Promptly acknowledge that you have received the letter.
2. Thoroughly review the claims made in the letter and gather any relevant information or evidence.
3. Consult with a lawyer to understand your rights and obligations. Legal counsel can help you evaluate the validity of the claims and advise on the best course of action.
4. Depending on the situation, you might choose to negotiate a resolution with the sender or formally dispute the claims if they are unfounded.
5. Timely and professional communication is crucial to avoid escalation. If you believe the claims are valid, take immediate steps to cease the offending activity and confirm your compliance in writing.
We recommend obtaining legal advice as soon as possible if you receive a cease and desist letter.
Cease and desist letter examples
In what circumstances may I send a cease and desist letter?
1. Trade mark infringement
You may wish to use a cease and desist letter if you see someone using a mark, such as a word, phrase or symbol, that is similar or identical to a mark that you own. In this case, you can draw the recipient’s attention to your existing mark and demand that the recipient stops using their mark. If you have documented ownership of your rights to a trade mark, this will make it more easily enforceable.
Find out more about our trade mark legal services here.
Trade mark example
If you find somebody else in the same industry (including competitors) using your brand name or trade marks on their website or social media pages without permission, you can ask them to cease and desist.
Customers or suppliers may tell you that they have come across a similar brand which is confusing or may even have believed it was your business. You should investigate this as deception or confusion in the marketplace is usually a great reason for sending a letter to protect your brand.
2. Copyright infringement
As opposed to what many believe, there is no 10% rule to prevent copyright infringement. The legal test is whether the offender is replicating a substantial part of the original work. If you have taken time to create original content and discover that someone is copying or imitating your work, you may wish to issue a cease and desist letter to stop the recipient from continuing their conduct.
Copyright infringement example
If you have taken a photograph or written text and uploaded it onto your website, and find that somebody else is now using your photo or has copied a slab of your text for their own website, you have a right to stop them from infringing your copyright.
If for example, you have created a work of art, song or movie, and you become aware that another person has altered or done something with your work that damages your reputation, treats your work in a derogatory way or is offensive to you, you should enquire about your rights to send a cease and desist.
3. Stop debt collectors
Dealing with debt collectors can be daunting and challenging. A cease and desist letter can be an effective tool that you can use to stop a debt collector from calling you and/or visiting your home. Your letter may make it clear to the debt collector that they may be liable for legal action against them if they continue to contact you.
Once you’ve sent your letter, the recipient debt collector may only contact you one final time to inform you that they are complying with your letter.
Debt collection example
If your business is struggling to pay its debts and one of your suppliers is sending constant letters of demand pursuing you for the payment of debts, you have a legal right to ask that these letters are stopped.
If you are in a dispute with a service provider and believe that you should not be paying them, but are being chased by a debt collector, we suggest to send a cease and desist outlining your dispute and asking the debt collector to stop communicating other than to advise you if they are taking the matter to court.
4. Harassment
You may wish to send a cease and desist letter if someone is harassing you in some way. Even if you have told the offender in person that you would like them to stop, a formal cease and desist letter is a written record of this, which may be important evidence in future legal proceedings.
Your letter should include specific details of the ‘what, when, where and how’ of the offender’s behaviour and how it is threatening, offensive or annoying.
Harassment example
If somebody is writing emails or messaging you on social media using offensive language or making you feel threatened or anxious, you should consider sending them a cease and desist letter prior to taking further action.
If somebody is persistently intimidating or threatening you in person but this conduct is not something the police can handle because it falls short of being assault or duress, we suggest to consider sending a cease and desist letter so that you can start compiling evidence about the offense.
5. Stalking or invasion of privacy
Dealing with stalking and invasion of privacy can be difficult. If the offender is unstable or volatile, sending them a cease and desist letter may provoke them to pester you further. However, most of the time the letter can be an effective tool to demonstrate to the offender that you are serious about them leaving you alone.
Most people will stop their conduct for fear of legal action against them. If not, your letter can be used as evidence against the offender in court.
Stalking/privacy example
If you are feeling threatened by somebody and feel as though you are being stalked either in person or online.
If you think somebody is using your private or personal information without your consent or authority.
6. Cease and desist letter relating to defamation
You may decide to employ a cease and desist letter if an individual or company is making false statements that are damaging you and/or your business. This may include written or spoken false statements. Your letter may be important evidence in future legal proceedings. Therefore, your letter should stipulate specific details of what was said and how this has hurt you and/or your business, including reputation, character or professionalism.
To comply with your letter, the offender must not only stop their false statements, but must also remove them from any written forums such as their website or social media page.
Defamation example
If you find your reputation being tarnished either through online posts or blogs, and believe that other members of the public would understand these communications to be about you, we suggest you write a cease and desist to stop the offending conduct before you decide to take any further legal action.
Even where one other member of the public is told something about you which is untrue and puts your reputation in doubt, you may have grounds to pursue defamation proceedings if you are likely to suffer loss from this behaviour, and we suggest to commence with a cease and desist putting the offender on notice.
Contact a Dispute Resolution Lawyer Today
If you need dispute resolution advice, please get in touch with us today via phone or the contact form on this page.
Cease and desist videos
What to do if you receive a letter, explained in 2 minutes by Ian
What to do if someone in the market is using your brand name?
What do I do if someone is infringing my intellectual property?
Cease and desist letter FAQs
What does ‘cease and desist’ mean?
A cease and desist letter is a formal written request that demands an individual or business immediately stop (cease) and refrain from continuing (desist) a specific activity. While the phrase sounds like a legal order, in Australia, a cease and desist letter is not legally binding like a court order. Instead, it acts as a powerful pre-litigation tool to:
- Warn the other party of alleged unlawful behaviour (such as intellectual property infringement, defamation, harassment, breach of contract, or unfair competition).
- Put the recipient on notice that legal action may follow if the behaviour does not stop.
- Create a written record showing you attempted to resolve the dispute before escalating to court.
In short, a cease and desist letter is often the first step to enforce your rights without immediately resorting to costly litigation.
If you’ve received one or need to send one, it’s important to seek legal advice to ensure the letter is accurate, compliant with Australian law, and avoids exposing you to risks such as defamation claims.
Can anyone write a cease and desist letter?
Technically, yes — anyone can draft and send a cease and desist letter. However, the effectiveness of the letter depends on its wording, accuracy, and legal foundation. A poorly drafted letter may:
- Fail to clearly identify the unlawful behaviour or infringement.
- Lacks the formal legal language needed to compel compliance.
- Exposes the sender to legal risks (for example, defamation if the claims are not accurate).
- It is ignored by the recipient because it does not appear credible or enforceable.
For these reasons, it is strongly recommended to have a lawyer draft your cease and desist letter. A lawyer ensures the letter:
- States your legal rights clearly.
- Provides evidence and references to relevant Australian laws.
- Sets out a timeframe for compliance.
- Warns of potential legal action if the conduct continues.
This not only increases the likelihood of the recipient taking it seriously but also helps protect you from unintended consequences.
Can you reject a cease and desist letter?
Yes, it is possible to reject or dispute a cease and desist letter, but it’s important to understand the risks. A cease and desist letter is not a court order, meaning you are not legally required to comply immediately. However, ignoring or rejecting the letter outright may escalate the situation.
If you believe the allegations are false, exaggerated, or without legal basis, you may:
- Formally respond with a rebuttal, denying the claims.
- Provide evidence that your actions do not infringe on the sender’s rights.
- Request clarification or further information about the allegations.
- Seek a lawyer’s advice to draft a professional response that protects you.
Keep in mind: refusing to comply with a cease and desist letter could lead the sender to file a lawsuit or injunction. Even if their claims are weak, ignoring the letter could make the dispute more costly and stressful.
The best step is to get legal advice before responding. A lawyer can assess whether the letter has merit, advise you on your options, and help you decide whether to comply, negotiate, or reject it.
What happens if someone doesn’t respond to a cease and desist?
If you don’t respond to a cease and desist letter, the sender may treat your silence as a refusal to comply. The typical next steps can include:
- Escalation to formal legal action — the sender may file a lawsuit or seek an injunction through the courts.
- Increased legal costs and damages — ignoring the letter can sometimes be used as evidence of bad faith, potentially increasing liability.
- Missed opportunity to negotiate — many disputes can be resolved at the letter stage, avoiding costly litigation.
- Risk to reputation or business operations — in cases of intellectual property disputes, non-response may lead to takedown requests, suspension of accounts, or further enforcement.
While a cease and desist letter itself is not legally binding, ignoring it outright can put you in a weaker position if the matter escalates.
It’s always recommended to acknowledge and respond, even if you dispute the claims. A lawyer can help you draft a strong reply, negotiate terms, or push back if the allegations are unfounded.
Should you ignore a cease and desist?
Ignoring a cease and desist letter is strongly discouraged. While the letter itself is not a legally binding court order, failing to respond can escalate the matter and put you in a more vulnerable position. Possible consequences of ignoring a cease and desist include:
- Escalation to legal proceedings — the sender may pursue a lawsuit or injunction.
- Higher costs — legal fees and potential damages can increase if you refuse to address the issue early.
- Loss of negotiation opportunities — many disputes can be settled through dialogue at the letter stage.
- Reputation and business risks — platforms, regulators, or industry bodies may take independent enforcement action.
Even if you believe the claims are false, it’s far better to respond appropriately, whether that means negotiating terms, disputing the allegations, or requesting clarification.
Speak with a lawyer before taking any action. An experienced cease and desist lawyer can review the claims, assess your risk, and help you prepare a strong and legally sound response.
Is a cease and desist letter harassment?
Generally, a cease and desist letter is not considered harassment. It is a recognised legal tool used to notify someone that their conduct may be infringing on your rights, and to demand that the activity stop. Sending such a letter is often the first step before escalating to court proceedings.
However, there are circumstances where a cease and desist letter could cross the line into harassment. For example:
- If the letter contains threatening, abusive, or intimidating language.
- If the sender issues multiple repetitive letters without a basis.
- If the claim is frivolous or malicious, with no legal grounds.
In these cases, the recipient may have grounds to argue that the letter itself is harassment.
If you receive a cease and desist letter and are unsure whether it is legitimate or potentially abusive, seek advice from an experienced lawyer. They can assess whether the claims are valid, advise you on how to respond, and protect your rights against both infringement and unjustified harassment claims.
What's the difference between a cease and desist order and a cease and desist letter?
A cease and desist order is issued by a court or government authority. It is legally binding and must be obeyed. Failure to comply can lead to serious consequences such as fines, court-imposed sanctions, or even contempt of court proceedings.
A cease and desist letter, on the other hand, is a formal written warning sent by an individual, business, or their lawyer. While it is not legally binding on its own, it signals that the sender believes their rights are being infringed and that they are prepared to take further legal action if the behaviour continues.
Key differences:
- Authority: Orders come from a court or regulator, letters come from private parties or their legal representatives.
- Enforceability: Orders carry immediate legal force, while letters are warnings or negotiation tools.
- Purpose: Letters often serve as a first step to resolve a dispute before escalating to court, whereas orders are already the result of legal proceedings.
Understanding whether you’ve received a cease and desist letter or order is crucial. If you’re unsure, speak with a lawyer to clarify your position and the risks of ignoring either.
Should I use a cease and desist letter template?
While a cease and desist letter template might seem like a cheap and quick solution, it carries significant risks. Templates are usually generic and may not reflect the specifics of your situation, industry, or the laws in your state.
The main risks of using a template include:
- Lack of legal precision – a poorly drafted letter may be ignored or challenged.
- Outdated wording – free templates online may not comply with Australian laws or recent legal changes.
- No tailoring to your case – effective cease and desist letters require clear detail about the conduct, rights infringed, and consequences of non-compliance.
- Risk of escalation – an incorrectly worded template could inflame the dispute and put your business at greater legal risk.
For maximum effectiveness, a cease and desist letter should be drafted or reviewed by a lawyer experienced in dispute resolution. This ensures it is accurate, enforceable, and tailored to your case.
If you’re considering a template, it’s best to get legal advice first to protect your position and avoid costly mistakes.
How much does a cease and desist letter cost?
The cost of a lawyer-drafted cease and desist letter in Australia typically starts from $1200 + GST at Progressive Legal. This includes a tailored and specialised letter that addresses your specific situation.
The final price may vary depending on:
- The complexity of the matter (e.g., intellectual property infringement vs. debt recovery).
- The urgency of the letter.
- Whether additional advice, negotiations, or follow-up correspondence is required.
While you may find free cease and desist letter templates online, these are often generic and may not hold much weight legally. A professionally drafted letter carries far more credibility and can help resolve disputes faster, often without the need for costly litigation.
Investing in a properly prepared cease and desist letter can save you significant time, stress, and expense in the long run.
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