A person is using your business name. Or perhaps they are publishing gossip about you on the Internet. Your first thought? Give them a cease and desist letter. But wait. I have witnessed this go astray too many times.
I will take you through the real course of action when you send one of these letters.
What Is a Cease and Desist Letter?
Imagine it is a warning shot. you are asking somebody not to do something that is hurting you, or violating the law. No lawyers. No court. Only a letter, saying, “do this, or he reminds you not.
People use these letters for:
- Copyright problems (someone stole your content)
- Harassment or threats
- Contract issues (breaking an agreement)
- Someone damaging your reputation
- Trademark violations
Here’s the thing though. This letter itself is legally useless. It’s just paper. However it may result in actual litigation in future.
Is a Cease and Desist Letter Enforceable?
This confused me at first too. The answer? Not really.
A cease and desist letter is not a court order. The recipient of it may pay no attention to it. No punishment in throwing it away. I understand that is a pathetic thing to say, but listen to me.
The letter accomplishes two noteworthy things:
To begin with, it leaves a paper trail. You warned them. They were aware that they were doing the wrong thing. This is important when you find yourself in court in future.
Second, it demonstrates that you mean business. The majority of individuals do not desire to get in trouble with the law. They are made to think twice with a formal letter. In some cases that will be sufficient to prevent the behavior.
But enforceable? No. It is only a judge who can command someone to cease doing something.
What Proof Do You Need for a Cease and Desist?
You need evidence. Real, solid proof. Not just feelings or suspicions.
Here’s what works:
- Screenshots with dates and times
- Copies of stolen content or images
- Emails or text messages
- Witness statements
- Contracts or agreements they broke
- Records of financial loss
I learned this the hard way. Vague complaints won’t cut it. You have to demonstrate what, when and how it hurts you.
Save everything. Print it. Back it up. The greater your evidence, the better your case. Your letter appears, without evidence, a mere empty threat.
What Are the Risks of Sending a Cease and Desist Letter?
Okay, this is where it gets tricky. Sending this letter can backfire in ways you don’t expect.
They might sue you first. Yes, really. If your claims are weak or false, they could file a lawsuit claiming you’re harassing them. Now you’re defending yourself in court.
It shows your hand too early. You’ve told them exactly what you know and what you plan to do. They have time to destroy evidence or build their defense.
It can damage relationships. Send this to a business partner or customer, and that bridge is burned. There’s no going back to friendly terms.
Public relations nightmare. If they post your letter online (and they might), it can make you look like a bully. I’ve seen small businesses get destroyed by bad press from a single letter.
It costs money. Lawyers charge $150 to $500 to write these letters. If it doesn’t work, you’re out that money plus whatever comes next.
Can a Cease and Desist Letter Backfire?
Short answer: absolutely.
I once had an acquaintance with one who sent a cease and desist to a blogger. The blogger published the letter in its entirety and commented on it. It went viral. The sender looked terrible. Sales dropped. The whole thing became a mess.
Here are the common ways this goes wrong:
Wrong legal claims. When someone accuses someone of copyright infringement, and you do not own the copyright, that person is in trouble. They will be able to file a lawsuit against you due to false causes.
Emotional response. Other individuals become angry because they are threatened. Their reaction is to redoubtable the behavior to get even. You must now go through the costly lawsuit.
Weak case. The letter leaves you looking stupid, in case you are unable to support your assertions in court. It is similar to bluffing at poker when everybody is able to view your cards.
Time and attention. This process takes energy. You’ll spend hours gathering evidence, writing the letter, and worrying about the response. Is it worth it?
