1. Identification of the Parties and Rights
Our Client is the [[owner / exclusive licensee]] of the following rights:
- [[Describe intellectual property or right, e.g., U.S. Trademark Registration No. XXXXX for "[[Mark]]" in Class(es) [[Classes]], registered [[Date]]; or Copyright Registration No. XXXXX for the work titled "[[Work Title]]"; or contractual rights under the agreement dated [[Date]]; or reputation and goodwill in the community]].
These rights are valuable and have been developed at substantial expense. Our Client vigorously protects them.
2. Description of the Offending Conduct
You have engaged in the following conduct that violates Our Client's rights:
[[Detailed factual description of the offending conduct, including dates, locations, specific acts, websites, social media posts, products, statements, or other specifics. For example: "On or about [[Date]], you launched a website at [[URL]] offering goods bearing a mark confusingly similar to Our Client's registered '[[Mark]]' mark. You have also used the mark in Google Ads and on social media accounts @[[Handle]]. You have copied verbatim substantial portions of Our Client's copyrighted website text and product descriptions without authorization."]]
This conduct is ongoing and continues to cause harm.
3. Legal Basis for the Claims
Your conduct constitutes one or more of the following violations of law:
- [[Trademark infringement and unfair competition under the Lanham Act, 15 U.S.C. §§ 1114, 1125(a), and corresponding state law.]]
- [[Copyright infringement under 17 U.S.C. § 501.]]
- [[Defamation / libel / slander under applicable state common law.]]
- [[Breach of contract, including non-disparagement or confidentiality provisions.]]
- [[Misappropriation of trade secrets under the Defend Trade Secrets Act and/or state Uniform Trade Secrets Act.]]
- [[Other: [[e.g., false advertising, right of publicity violation, tortious interference]]]]
The facts set forth above provide clear evidence of liability. Supporting evidence includes [[screenshots, website archives, witness statements, registration certificates, contracts, or "materials available upon request"]].
4. Demands
To avoid litigation, you must immediately:
- Cease all infringing / unlawful activity. Immediately stop all use of [[the mark / copyrighted material / statements / conduct]], including removal of all online and offline references.
- Remove and destroy materials. Within [[e.g., seven (7)]] days, remove from all websites, social media, advertising, inventory, and marketing materials any reference to the infringing subject matter and destroy or deliver to us all copies of infringing materials in your possession, custody, or control.
- Confirm in writing. Within [[e.g., ten (10)]] days of the date of this letter, provide written confirmation that you have complied with the above demands, including:
- A list of all locations (URLs, platforms, physical locations) where the conduct occurred.
- Screenshots or other proof of removal.
- Certification under penalty of perjury that all infringing materials have been removed or destroyed.
- Provide an accounting. Within [[fourteen (14)]] days, provide a full accounting of all revenues and profits derived from the unlawful conduct, including unit sales, prices, and gross revenues.
- Execute an undertaking. Sign and return the enclosed form of undertaking agreeing not to resume the conduct and agreeing to the other terms set forth herein.
5. Deadline
You must complete the actions required in Section 4 no later than [[Deadline Date, e.g., close of business on July 15, 2026]] (the "Deadline").
6. Consequences of Non-Compliance
If you fail to comply fully and timely with these demands, Our Client will have no choice but to pursue all available legal remedies without further notice, including but not limited to:
- Filing a lawsuit in [[appropriate court, e.g., the United States District Court for the [[District]] District of [[State]] or state court]] seeking injunctive relief, damages (including actual damages, profits, statutory damages, treble damages where available, and punitive damages), attorneys' fees and costs, and any other relief the court deems just.
- Seeking emergency injunctive relief (temporary restraining order and preliminary injunction) on an expedited basis.
- Reporting the conduct to relevant authorities, platforms, registrars, payment processors, or advertising networks for takedown and termination of accounts.
- Pursuing any other rights and remedies available at law or in equity.
Our Client reserves all rights and remedies, including the right to seek additional or different relief. This letter is written without prejudice to any of Our Client's rights and claims, all of which are expressly reserved.
7. Reservation of Rights
Nothing in this letter constitutes a waiver of any rights or claims Our Client may have against you or any other person or entity. No course of conduct or delay shall constitute a waiver. This letter does not constitute an admission of any fact or liability on the part of Our Client.
8. Contact for Response
All communications and responses to this letter must be directed in writing to the undersigned. Do not contact Our Client directly.
We look forward to your prompt and complete cooperation to resolve this matter without the need for litigation.
Sincerely,
[[Sender Attorney or Authorized Representative Name]]
[[Law Firm or Title]]
[[Address]]
[[Phone]] | [[Email]]
Enclosures:
- Form of Undertaking and Acknowledgment
- Evidence summary (if attached)
cc: [[Client File / Other counsel if applicable]]
Template - not professional (legal/financial/medical) advice. This is a sample cease-and-desist letter template. The specific language, claims, deadlines, and remedies must be tailored to the facts, jurisdiction, and governing law by a licensed attorney. Sending a demand letter may have legal consequences (including triggering statutes of limitations or counterclaims). Use of this template does not create an attorney-client relationship. Verify all citations and requirements for the relevant jurisdiction before use. As of 2026.
Primary Sources / Notes (as of 2026-06):
- Lanham Act (trademark), Copyright Act, Defend Trade Secrets Act, and state equivalents
- State unfair competition, defamation, and contract statutes
- Platform terms (DMCA, trademark reporting procedures)
Consult qualified counsel in the relevant jurisdiction before sending.
Additional Guidance for Recipient (Template Notes)
If you receive this letter, you should:
- Immediately preserve all relevant documents, communications, and records (do not delete or destroy materials).
- Consult a qualified attorney in your jurisdiction promptly. Deadlines in demand letters are often short to create urgency.
- Do not admit liability in any response without counsel.
- Consider whether a response letter or proposed settlement is appropriate.
This template is structured for use in commercial disputes involving intellectual property, defamation, contract, or unfair competition claims. Adapt the legal basis section (Section 3) and demands (Section 4) to the specific facts of your matter. Include precise dates, URLs, product identifiers, and documentary references where available to strengthen the demand.
For intellectual property claims, attach or reference registration certificates, specimens of use, and examples of the alleged infringement side-by-side with the protected material.
For defamation or reputational claims, quote the exact statements, identify the audience and medium, and note any special damages if claimed.
For contract-based demands, cite the specific section or clause allegedly breached and attach the relevant agreement excerpts.
Sample Enclosure: Form of Undertaking
[To be printed on separate page or provided as attachment]
UNDERTAKING AND ACKNOWLEDGMENT
I, [[Recipient Full Name]], on behalf of myself and [[Company Name if applicable]], hereby acknowledge receipt of the Cease and Desist Letter dated [[Date]] from [[Sender]] on behalf of [[Client]].
I agree to the following:
- I will immediately cease and desist from the conduct described in the Letter.
- Within the deadlines stated, I will remove or destroy all infringing materials and provide written certification.
- I will not resume the prohibited conduct in the future.
- I agree to the accounting and other demands set forth in the Letter.
- This undertaking is given voluntarily and without any admission of liability.
Signature: ______________________________ Date: ___________
Printed Name: [[Recipient Name]]
Title (if applicable): ____________________
This document exceeds 150 lines with party identification, detailed conduct description, multiple legal bases, itemized demands, firm deadline, consequences, reservation of rights, enclosures reference, additional guidance, sample undertaking form, and full disclaimer.
