A cease and desist letter is one of the most misused tools in a founder's toolkit. Sent correctly, it resolves a dispute in a week without ever seeing a courtroom. Sent incorrectly, it becomes a screenshot in a viral thread about corporate bullying.
When it works
- Clear infringement of a registered right (trademark, copyright, patent).
- A commercial counterparty with something to lose (a domain, a business, a reputation).
- Specific, verifiable conduct.
- Realistic corrective action.
When it backfires
- Claiming rights you don't have. Common-law trademark claims against fair use, for example.
- Sending it to a hobbyist or reviewer. The reputational damage from a "Streisand" moment outweighs any legal win.
- Overreaching demands ("cease all use forever, transfer all domains, publish an apology, pay damages"). This tells the recipient's counsel that you're bluffing.
The tone that lands
Firm and factual. State the right, state the conduct, list specific corrective actions, give a real deadline, reserve rights. That's the whole letter. Skip the adjectives. The recipient's lawyer is the audience - not the recipient's founder.
After the letter
Log the send. Diary the deadline. If the deadline passes without compliance, do exactly what the letter said you'd do. Empty threats destroy the tool.
Draft one with the Cease and Desist tool.