A cease and desist letter is a formal demand to stop doing something. It is used when a person or business is using your name or logo, copying your work, making misleading claims about you, acting against a restraint or confidentiality clause, or contacting you in a way that has to stop. It sets out the conduct, the legal basis for objecting to it, what must be done and by when, and what will happen if the demand is not met.
In short
- A cease and desist letter is a demand, not a court order.
- Its weight comes from the legal right behind it and from the sender being ready to enforce that right.
- Threatening proceedings over a trade mark, patent, design or copyright without a proper basis can lead to a claim for unjustified threats.
- For defamation, a concerns notice is needed. A general cease and desist letter is not enough.
- If you receive one, note the deadline and get advice before you admit anything or sign an undertaking.
Sending a cease and desist letter, or replying to one? Call 1800 776 529 or send us the details through our contact page.
This guide explains when a cease and desist letter works, what it should contain, the risks in sending one, and what to do if one is sent to you.
A letter, not a court order
A cease and desist letter has no special legal status in Australia. It is not a court order and it does not by itself oblige anyone to do anything. Its weight comes from the legal right behind it and from the reader’s view that the sender is ready to enforce that right.
If the conduct continues, the sender has to decide whether to start proceedings, negotiate, or let the matter rest. A letter that threatens a step the sender has no intention of taking usually achieves little.
When a cease and desist letter is used
- Trade marks and business names. Use of a sign that infringes a registered trade mark (Trade Marks Act 1995 (Cth) s 120), or that passes off another business as yours.
- Copyright. Copying of text, images, software or designs without permission (Copyright Act 1968 (Cth) s 36).
- Misleading conduct. False or misleading claims by a competitor in trade or commerce (Australian Consumer Law s 18).
- Breach of contract. A former employee, contractor or business seller acting against a restraint or confidentiality clause.
- Unwanted contact. A demand to stop, as a step before other remedies.
Three letters that are often confused
| Letter | What it asks for | Legal status |
|---|---|---|
| Cease and desist letter | Conduct to stop | A demand, not a court order |
| Letter of demand | Money that is owed | A demand, not a court order |
| Concerns notice | Tells a publisher what was published about you and what you say it means | In most cases, needed before defamation proceedings can start |
Defamation is different
For defamation, a general cease and desist letter is not enough. In most cases, defamation proceedings cannot be started until a concerns notice that meets the requirements of the Defamation Act 2005 (Vic) has been given (ss 12A, 12B). A concerns notice has its own required content, and the publisher has a set time to respond with an offer to make amends. If your concern is about something published about you, see our Defamation page.
What goes into the letter
A cease and desist letter works when the reader can see that you have a right and that you are ready to enforce it. It should set out:
- who is objecting and who the letter is to, using the correct legal names;
- the conduct complained of, with dates and examples;
- the legal right the conduct infringes: a registered trade mark, copyright, the Australian Consumer Law or a contract;
- what must stop, and anything else required, such as taking material down or giving a written undertaking;
- a deadline for a response; and
- what you intend to do if the demand is not met.
The letter has to be accurate. A demand that overstates your rights, names the wrong party, or threatens a step you do not intend to take gives the other side something to argue about and can weaken your position later.
The risk in sending one
Threatening proceedings without a proper basis can backfire.
- Unjustified threats. A person threatened with proceedings for infringing a trade mark, patent, design or copyright can apply to a court for relief from unjustified or groundless threats, including damages (Trade Marks Act 1995 (Cth) s 129; Patents Act 1990 (Cth) s 128; Designs Act 2003 (Cth) s 77; Copyright Act 1968 (Cth) s 202).
- False statements. A letter that makes false statements about the other side can create its own claim.
- Overreach. A demand for more than the law gives you invites a firm refusal and weakens your position if the matter goes further.
Check the right you rely on before the letter is sent: for example, search the trade marks register, confirm who owns the copyright, and read the restraint clause as it is actually worded.
If you have received a cease and desist letter
- Do not ignore it, and do not reply in anger.
- Note any deadline in the letter.
- Do not admit anything or sign an undertaking before getting advice. An undertaking can bind you for years.
- Keep everything: the letter, the envelope or email, and records of the conduct complained of.
- Work out whether the claim has a basis. Many letters overstate the sender’s rights.
A considered reply can end the matter, narrow it, or put you in a stronger position if it goes further.
Common questions
Is a cease and desist letter legally binding?
No. It is a demand. Only a court order or an agreement, such as a signed undertaking, binds the other side.
Can I write one myself?
Yes. A letter from a law firm shows the matter has been assessed and that you are ready to act. It also reduces the risk of an unjustified threat.
What happens if the letter is ignored?
The sender chooses whether to start proceedings, negotiate or let the matter rest. Advice on cost and prospects should come before that decision.
Is a cease and desist letter the same as a letter of demand?
No. A letter of demand asks for money that is owed. A cease and desist letter asks for conduct to stop. Some letters do both. See our Letter of Demand page.
How we can help
We prepare cease and desist letters, and reply to letters sent to our clients, in matters about trade marks and copyright, misleading conduct, contracts and restraints. We check the right you rely on before anything is sent, and we quote a fixed fee in writing where the work allows. Trade marks, copyright and the Australian Consumer Law are federal laws, so on those matters we can also act for clients outside Victoria.
See also our Intellectual Property and Trade Marks, Commercial Contracts, Competition and Consumer Law and Employment and Workplace pages.
Call 1800 PRO LAW (776 529) or send the details through our contact page. We reply to every enquiry within one business day.
Written and reviewed by Radek Dajer, principal solicitor, Professional Edge Lawyers. Current at 12 November 2026.
This article is general information only. It is not legal advice about your situation, so obtain advice on your own circumstances before acting.
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