Cease and Desist Letter Generator

First, check whether another route fits better. When the problem is on a website or marketplace, the platform can often remove it faster.

Takedown notices work because US law shields a web host from copyright damages over its users' posts only if it acts "expeditiously" to remove material after a proper notice¹. The same law makes anyone who knowingly and materially misrepresents in a notice that something infringes liable for the resulting damages, including attorneys' fees.

A letter also starts a conversation you don't control. In a 2011 report to Congress on trademark disputes, the Commerce Department and the USPTO say recipients tend to comply, ignore the letter or push back. Pushing back can mean suing you first to have a court declare they aren't infringing².

Name the right behind each demand, then gather proof: dated screenshots showing the web address, and any message from a confused customer. When it isn't clear which right applies, write that up first: a legal research memo sets out the question, the rule and how it applies to your facts.

You don't need a registration to object to a copycat name. But the USPTO says rights built through use may only be enforceable in the parts of the country where you use the mark³.

If you're registered, cite the number. Without the ® symbol or a similar notice on your mark, federal law bars recovering profits or damages unless the infringer had actual notice of the registration⁴. Your letter gives that notice.

The Copyright Office's guide to the basics⁵ explains that copyright exists automatically but doesn't cover names or slogans. It belongs to whoever created the work, or to their employer if they made it as part of their job. If a freelancer shot your product photos, the copyright is theirs until they sign it over to you, so get a contractor IP assignment first.

Registration decides what you can threaten. For US works, the same guide says you can't sue until registration is granted or refused. Statutory damages and attorneys' fees are available only if you registered before the infringement began or within three months of publication.

The 2011 report describes the usual trademark letter. It states the owner's rights, explains why confusion is happening or likely, lists demands and asks for a reply by a set date². Most problems fit that order, in a page or two.

1. 1

   Heading

   Your contact details, the date, how you're sending it, their name and address, and a subject line.

2. 2

   Your right

   What you own or were promised, and the proof: a registration number, creation date or contract clause.

3. 3

   What they did

   Dated, specific conduct with links, and each screenshot or document listed as an enclosure.

4. 4

   What they must do

   Each step, one calendar deadline, and a request to keep relevant records, such as sales data.

5. 5

   Close

   A line reserving your other rights, your signature and a list of enclosures.

Ask for steps they can finish: remove these listings, stop using the name on these channels, correct this post, confirm in writing. Allow 10 to 14 days for most fixes and longer for big ones, like renaming a business. Ask for money only if you can justify the figure.

Cut anything you couldn't defend to a judge: insults, guesses about motive, threats of criminal charges in a business dispute, and claims of deliberate copying you can't prove.

With false statements, quote the words once and say what is true. Aim at a fact someone can check, such as "they never shipped my order," not an opinion like "worst shop ever."

Email it, and send a copy by tracked mail with a delivery receipt to prove when it arrived.

Decide now what you'll do if the date passes. When a recipient stays silent, the 2011 report says, trademark owners often send a follow-up letter², then drop the matter or sue.

For copyright claims up to $30,000 in total, the Copyright Office's Copyright Claims Board⁷ is a cheaper option than federal court. You need at least a pending registration application, the other side can opt out, and the board can't order anyone to stop unless they agree.

If they agree to stop on terms, such as a few weeks to sell off stock, put the deal in a settlement agreement.

The tool at the top of this page turns your facts and screenshots into a draft, with every gap marked for you to confirm.