Last reviewed: June 2026 · For use in England & Wales · eLitigant is a Community Interest Company (No. 16566612), not a law firm. Always check the current official form on GOV.UK before you file, and sign the statement of truth yourself.
In short
A cease and desist letter is a formal written demand asking someone to stop conduct that harms you — harassment, defamation, or misuse of your copyright, trade mark or designs — and warning of possible legal action if they don’t. It must stay measured and factual: an unjustified threat of intellectual property proceedings can itself be actionable against you under the Intellectual Property (Unjustified Threats) Act 2017. eLitigant’s Chris drafts this for you — you check, sign and send.
What a cease and desist letter is
A cease and desist letter is a formal written demand that asks a person or business to stop (“cease”) doing something that is harming you, and not to start it again (“desist”). It is not a court document and it does not, by itself, carry legal force — its power comes from making a clear, evidenced demand, creating a paper trail, and signalling that you are prepared to take the matter further if the behaviour continues. In England and Wales it is commonly used to address three kinds of conduct: harassment, defamation (libel or slander), and the misuse of intellectual property such as copyright, registered trade marks, or designs. Many disputes settle at this stage. A measured, well-drafted letter often persuades the other side to stop, remove content, or give an undertaking, without anyone having to issue a claim. Where it doesn’t, the letter becomes useful evidence that you raised the issue clearly and gave the recipient a fair chance to put things right.When and why to send one
For harassment, the underlying law is the Protection from Harassment Act 1997, which prohibits a “course of conduct” (broadly, behaviour on at least two occasions) that amounts to harassment and that the person knows, or ought to know, amounts to harassment. A letter putting the other person on notice that their conduct is unwelcome and causing distress is often a sensible first step, and it helps establish that they “ought to know” their behaviour amounts to harassment. For defamation, a letter complaining about a defamatory statement is the first step under the Pre-Action Protocol for Media and Communications Claims (in force since October 2019). It should identify the exact words complained of, where and when they were published, why they are false and defamatory, and the harm caused. Note the strict one-year limitation period for defamation claims under the Limitation Act 1980. For intellectual property, a letter can ask an infringer to stop using your copyright work, registered trade mark, or design. This is the area that carries the most risk for the sender, because of the unjustified threats rules explained below.Keeping it measured: the unjustified threats trap
This is the single most important point if your letter concerns intellectual property. Under the Intellectual Property (Unjustified Threats) Act 2017 — which amended the Patents Act 1977 (section 70 and following), the Trade Marks Act 1994 and the design legislation — making a groundless or unjustified threat of infringement proceedings can itself be actionable. A person “aggrieved” by such a threat can sue you for a declaration that the threat is unjustified, for an injunction, and for damages. The Act protects “permitted communications”. A communication made for a permitted purpose — such as giving notice that a right exists, finding out whether or by whom a right has been infringed, or giving notice that you hold a right — is not an actionable threat, provided the information you include is necessary for that purpose, is accurate in all material respects, is not misleading, and is something you reasonably believe to be true. Crucially, a communication is not permitted if it demands that the recipient stop commercial activity, deliver up or destroy goods, or give undertakings about them — those demands can tip an otherwise safe letter into an actionable threat. The rules are also stricter about threatening secondary infringers (such as a retailer or distributor) than primary infringers (such as a manufacturer or importer). The practical takeaway: keep the tone factual and proportionate, set out your right and the alleged infringement accurately, and be careful about making aggressive demands of someone who merely sells or stocks a product. If in doubt, frame the letter around establishing the facts rather than threatening immediate litigation.What to include
- Your details and the recipient’s — full names and addresses, so there is no doubt who is involved.
- A clear description of the conduct — dates, specific incidents, the exact words or material complained of, and (for IP) the right you rely on and its registration number where applicable.
- Why it is unlawful or harmful — referencing the relevant ground (harassment, defamation, infringement) factually, not melodramatically.
- A specific, reasonable demand — stop the conduct, remove the content, an apology or correction (defamation), and a deadline that is realistic (often 7–14 days).
- What happens next — a measured statement that you reserve your rights, kept proportionate so it is not an unjustified threat.
- “Without prejudice save as to costs” is sometimes used, though a straightforward open letter is common for cease and desist purposes.
Common mistakes
- Over-threatening on IP — the biggest risk; aggressive demands can backfire under the 2017 Act.
- Exaggeration or insults — emotive or untrue assertions undermine your credibility and can themselves be defamatory.
- Vagueness — failing to identify specific dates, words or materials makes the letter easy to dismiss.
- Unrealistic deadlines — courts expect reasonable time to respond.
- Sending with no evidence kept — always retain a copy and proof of sending.
Frequently asked questions
Is a cease and desist letter legally binding? No. It is a demand, not a court order. Its value is in prompting a resolution and creating a record. Only a court can compel someone to stop through an injunction. Can sending one get me into trouble? It can, if it makes an unjustified threat of intellectual property proceedings under the Intellectual Property (Unjustified Threats) Act 2017, or if it contains untrue, defamatory or harassing content. Keeping it measured and accurate is the key safeguard. Do I need a solicitor to send one? No — you can write and send one yourself. eLitigant drafts the document for you to check, sign and send; we provide information and document drafting, not legal advice, and we are not a law firm. If your matter is complex or high-value, consider taking independent legal advice.Free to start · no sign-up · no card. Tell Chris what has happened and see whether we can help before you pay anything. One matter · one case folder · a full day of drafting. If the drafts are not up to the standard you expected, email us within 7 days of paying for a full refund. If money is tight, Help with Fees can remove the court fee entirely, and Citizens Advice is free — we will always tell you when you do not need us.
eLitigant drafts it; you check, sign & send. Not a law firm; information, not advice.
See it done — what Chris drafts for you
A worked example, drafted to a professional standard from your details — ready for you to check, personalise and send. Fictional sample.
WITHOUT PREJUDICE SAVE AS TO COSTS
Mr Daniel Okonkwo14 Beverley Road
Leeds LS4 2PR By email and first-class post 19 June 2026 Dear Mr Okonkwo Re: Use of the “Brackenfell Candle Co.” name and logo I am the owner of the UK registered trade mark “Brackenfell Candle Co.” (Registration No. UK00003999123), registered in class 4 for candles and related goods, which has been in force since 3 March 2024. I trade under that name from my workshop in Otley. It has come to my attention that, since approximately April 2026, your online shop at brackenfell-candles.co.uk has used the name “Brackenfell Candles” together with a logo closely resembling mine to sell scented candles. I believe this is likely to cause confusion among customers as to the origin of the goods. I am writing to give you notice that my registered trade mark exists and is in force, and to invite you to confirm the basis on which you have adopted this name. If you accept that the use complained of has occurred, I would ask you to consider stopping the use of the name and logo and to let me know your position. So that we can resolve this matter sensibly and without the need for proceedings, I would be grateful for your written response within 14 days of the date of this letter, by 3 July 2026. I reserve all of my rights. Nothing in this letter is intended as, and it should not be read as, an unjustified threat of infringement proceedings. I would much prefer to resolve this amicably. Yours sincerely Priya Sharma
Owner, Brackenfell Candle Co.
This is a fictional worked example for illustration only. All names, addresses and registration numbers are invented.
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