Cease and Desist Letter: When and How

• Harassment, stalking, or unwanted contact
• Trademark or copyright infringement
• Defamation (slander or libel)
• Breach of a non-compete or non-solicitation clause
• Unauthorized use of your likeness or property
• Debt collector violations (FDCPA)

1. Identification of the sender and the recipient
2. Description of the conduct (dates, instances, evidence)
3. The right being violated (trademark, copyright, privacy, etc.)
4. Explicit demand that the conduct stop
5. Deadline by which the recipient must respond or comply
6. Statement of consequences if they don\'t (litigation, injunction, damages)
7. Preservation-of-evidence notice (tell them to preserve relevant records)

• Overclaiming — exaggerating your legal position invites a declaratory judgment action and can even trigger a trademark-bullying counterclaim.
• Threats you can\'t carry out — "criminal charges" for a civil dispute, for example.
• Using a C&D as a debt collection letter — FDCPA rules apply and you could violate them.
• Assuming a C&D is a court order — it isn\'t. If they ignore it, you still must file suit.
• Leaking the letter — C&Ds have been quoted back in newspapers and gone viral. Write as if the public will read it.

There are three likely outcomes:

• Compliance — most recipients stop, especially if a lawyer signed the letter.
• Negotiation — the recipient replies with a narrower concession (e.g., they keep the blog post but delete the specific claim).
• Escalation — you file a lawsuit seeking an injunction. Your C&D becomes Exhibit A proving the recipient was on notice.