cease-and-desist

name	cease-and-desist
description	Drafts cease and desist letters for IP infringement, defamation, or contract violations. Use when you need to formally demand someone stop harmful activity.
allowed-tools	Read Write Glob
metadata	{"author":"matthewhitcham","version":"1.0"}

Cease and Desist

When to Use This Skill

Use this skill when you need to:

• Draft a cease and desist letter for trademark or copyright infringement
• Demand that someone stop defamatory statements or contract violations
• Create a formal written demand before pursuing legal action
• Document an infringement or violation for legal records

DO NOT use this skill for threats you do not intend to follow through on, personal disputes, or situations requiring immediate legal action. A C&D is a formal demand — consider consulting an attorney before sending. This is a drafting tool, not legal advice.

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Core Principle

A CEASE AND DESIST LETTER IS A PROFESSIONAL DEMAND, NOT A THREAT — IT CLEARLY STATES THE VIOLATION, THE REQUIRED ACTION, AND THE CONSEQUENCES OF NON-COMPLIANCE.

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Phase 1: Violation Details

Required Inputs

Input	What to Ask	Default
Your business/name	"Who is sending this letter?"	No default — must be provided
Violator	"Who is the letter addressed to? (name, business, address if known)"	No default — must be provided
Violation type	"What is the violation? (trademark infringement, copyright infringement, defamation, contract breach, trade secret misuse)"	No default — must be provided
Specific conduct	"Describe the specific infringing or harmful activity."	No default — must be provided
Evidence	"What evidence do you have? (URLs, screenshots, documents)"	No default — list available evidence
Desired outcome	"What do you want them to do? (stop using, remove content, pay damages)"	Cease the activity immediately

GATE: Do not proceed without the violation type, specific conduct, and evidence.

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Phase 2: Letter Structure

## Cease and Desist Letter

[Your Name / Business Name]
[Your Address]
[Your Email]
[Date]

VIA [Email / Certified Mail / Both]

[Recipient Name]
[Recipient Address]

Re: Cease and Desist — [Brief Description of Violation]

Dear [Recipient Name],

I am writing on behalf of [Your Business Name] regarding your
[unauthorized use of / infringement of / violation of] our
[trademark / copyrighted material / contractual obligations /
other right].

### Statement of Rights

[Establish your rights clearly:]

[For trademark:] [Business Name] is the owner of the [registered /
common law] trademark "[MARK]" [, Registration No. ____,] used in
connection with [goods/services] since [date of first use].

[For copyright:] [Business Name] is the owner of the copyrighted
work titled "[Title]," [registered with the U.S. Copyright Office,
Registration No. ____,] first published on [date].

[For contract breach:] On [date], [your company] and [recipient]
entered into [agreement type] which included [relevant provision].

### Description of Violation

It has come to our attention that you are [specific description of
the infringing/violating activity]:

- [Specific instance 1 — URL, date, location, description]
- [Specific instance 2]
- [Specific instance 3]

[Attach or reference evidence: screenshots, URLs, documents]

This conduct constitutes [trademark infringement under the Lanham Act /
copyright infringement under 17 U.S.C. Section 501 / breach of
contract / defamation / other legal basis].

### Demand

I hereby demand that you immediately:

1. **Cease and desist** all [infringing / violating / defamatory]
   activity described above
2. **[Remove / destroy]** all [infringing materials / copies /
   publications] within [7-14] days of this letter
3. **Confirm in writing** that you have complied with demands 1
   and 2 within [14-30] days of this letter
4. **[Additional demand — e.g., provide an accounting of profits,
   compensate for damages, issue a correction]**

### Consequences of Non-Compliance

If you fail to comply with these demands by [Date — typically 14-30
days from letter date], [Your Business] will pursue all available
legal remedies, which may include:

- Filing a lawsuit for [trademark/copyright infringement / breach
  of contract / defamation]
- Seeking injunctive relief
- Seeking monetary damages, including [statutory damages /
  compensatory damages / attorney fees]
- Filing a [DMCA takedown / complaint with relevant authority]

### Reservation of Rights

This letter does not constitute a waiver of any rights or remedies
available to [Your Business], all of which are expressly reserved.
Nothing in this letter should be construed as a complete statement
of the facts or law related to this matter.

I trust this matter can be resolved without further action. Please
direct your response to [your contact information] by [response
deadline].

Sincerely,

[Your Name]
[Your Title]
[Your Business Name]

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Phase 3: Customize by Violation Type

For Copyright Infringement (DMCA)

• Reference the specific copyrighted work and registration if available
• Include URLs where the infringing content appears
• Note that you may also file DMCA takedowns with hosting providers

For Trademark Infringement

• Reference your trademark registration number and classes
• Describe the likelihood of confusion
• Demand they stop using the mark and destroy infringing materials

For Contract Breach

• Quote the specific contract provision being violated
• Reference the agreement date and parties
• Demand cure within the contractual cure period

For Defamation

• Identify the specific false statements
• Explain how the statements are false
• Demand retraction and removal

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Phase 4: Sending and Documentation

## Pre-Send Checklist

- [ ] All facts are accurate and verifiable
- [ ] Evidence is documented (screenshots with dates, URLs saved)
- [ ] Legal basis for the claim is correct
- [ ] Demands are specific and achievable
- [ ] Response deadline is reasonable (14-30 days)
- [ ] Letter reviewed by an attorney (recommended for significant claims)
- [ ] Tone is professional — not emotional, threatening, or personal

## Sending Method
- [ ] Send via certified mail with return receipt (creates delivery proof)
- [ ] Send via email with read receipt (faster, less formal)
- [ ] Keep copies of the letter and all evidence
- [ ] Calendar the response deadline for follow-up

## If They Do Not Respond
- Send a follow-up reminder 5 days before the deadline
- After the deadline: consult an attorney about next steps
- Options: DMCA takedown, formal complaint, or litigation

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Example: Someone Copying Your Course Content

Situation: A competitor copied 3 modules of your online course and is selling them under their own brand.

Letter excerpt: "It has come to our attention that your website [URL] is offering educational content that is substantially similar to copyrighted course modules owned by [Your Business], including [Module 1 Title], [Module 2 Title], and [Module 3 Title]. We have documented these similarities with side-by-side comparisons [attached]. We demand that you remove all infringing content within 14 days and confirm removal in writing."

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Anti-Patterns

• Empty threats — do not threaten legal action you are unwilling or unable to take. It damages credibility.
• Emotional or aggressive tone — keep it professional. Anger weakens the letter and can undermine your position.
• Vague demands — "stop copying us" is not specific. State exactly what must be removed, destroyed, or changed.
• No evidence — document everything before sending. Screenshots, URLs, dates, and comparisons strengthen your position.
• Sending without legal review for major claims — for significant infringement or high-stakes disputes, have an attorney review or send the letter.

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Recovery

• Recipient ignores the letter: Follow up once, then escalate to legal action or DMCA takedowns. Document the non-response.
• Recipient responds with counterclaims: Consult an attorney before responding. Do not engage in a back-and-forth without legal guidance.
• Recipient complies partially: Acknowledge what they did, reiterate what remains unresolved, and set a new deadline.
• You are not sure if you have a valid claim: Consult an attorney before sending. A baseless C&D can expose you to liability.