- Vincent Lim-Teh
- 2 days ago
- 3 min read
Getting a cease and desist letter can feel intimidating, especially if it's your first time. Whether it comes from a competitor, a multinational company, or someone you’ve never heard of, here’s what you should do (and not do) if one lands in your inbox.
1. Don’t panic, but don’t ignore it either
A cease and desist isn’t the same as being sued, but it’s not something you should brush aside. Ignoring it can make things worse. The sender might think you’re being difficult or assume you’re a pushover. It’s usually best to reply with a firm but polite letter to explain your side. That alone can sometimes stop things from escalating.
2. Read it properly
Take time to really understand what the letter is saying. Is the sender accusing you of trademark infringement, passing off, defamation, breach of contract, or something else entirely? Look closely at what rights they claim to have, what specific actions they say are problematic, and what they are asking you to do — or stop doing. Are they demanding that you change your name, pull down a product, stop selling a service, or issue an apology? The details matter. A lot of these letters are drafted to sound intimidating, but that doesn’t always mean the claims are valid. Don’t just skim through it — read every line, highlight the key points, and start listing out questions you’ll want answered before taking your next step.
3. Don’t fire off a response right away
Don't fly off the handle and avoid replying emotionally or admitting to anything straight away. A quick response might feel satisfying, but it can do more harm than good. What you say could be used against you later, especially if you accidentally admit liability or make promises you didn’t mean to.
Take a step back, breathe, and get advice first. Even a short delay to properly assess the situation can make a big difference in how things play out.
4. Question the claims
A lot of cease and desist letters sound aggressive and many of them are over the top. Some are even completely baseless. Just because it’s written in legal language doesn’t mean it’s legally sound. Check if they really have rights to what they’re claiming, and whether you’ve actually done anything wrong.
5. Lawyer up
This is where proper legal advice really matters. A good intellectual property or commercial lawyer will be able to break down the claims in the letter, explain whether they are legally sound, and help you understand your actual level of risk. They can walk you through your options, whether that means pushing back, negotiating a resolution, or making strategic changes to avoid further trouble. Most importantly, they can help you prepare a response that is calm, professional, and legally sound.
6. Keep all the documents
Hold on to the letter, your marketing materials, website content, emails — anything that could be relevant. You might need them if the matter escalates.
7. Think through your next move
Sometimes clients feel like fighting to the bitter end, and we get it. But even if you’re confident of winning, legal action is expensive. You could spend a lot of money and still only recover a portion of your costs. It’s worth thinking about whether a practical solution like rebranding slightly or negotiating an agreement might be a better move.
8. Stay calm and professional
Even if the letter sounds aggressive or threatening, try not to take it personally. It is easy to feel defensive, especially if you believe you have done nothing wrong. But how you respond can influence the tone of the entire exchange. You can absolutely stand your ground and assert your position, but do it in a way that is firm yet civil. The goal is to de-escalate, not inflame.
Keep in mind that the lawyers on the other side are usually just doing their job. They are acting on instructions and may not have the full picture yet. If your response is measured and reasonable, there is a good chance they will be open to a practical solution.
Extra tip: Think outside the box
If the other party is being difficult, there might be other ways to apply pressure. For example, would they want to be seen as a big company bullying a local business out of its own name? Public perception can matter just as much as legal rights. Sometimes a smart strategy can get them to the table even when a legal threat won’t.