---
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.

---

## 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.

---

## 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.**

---

## 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]
```

---

## 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

---

## 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
```

---

## 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."

---

## 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.

---

## 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.
