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07.24.2025
Trending Now: An IP Podcast
Cease and Desist Letters: Protecting Your Intellectual Property the Right Way
On this episode of Trending Now – An IP Podcast, Carmelle Alipio and Janet Cho discuss one of the most effective tools for enforcing intellectual property rights: the cease-and-desist letter.
They break down the essentials, including:
- What is a cease-and-desist letter and when should you send one?
- The key elements of an effective IP enforcement letter
- Common mistakes rights holders businesses make when sending cease and desist letters
- When to draft it yourself—and when to involve an IP attorney
- Practical tips for protecting your brand and minimizing legal risk
Whether you're dealing with trademark patent infringement, copyright violations, or unauthorized use of your brand, this episode offers practical guidance on how to take action—and avoid costly missteps.
Key Takeaways
Cease and desist letters are a critical first step in IP protection.
- They serve as a formal notice—not a lawsuit—alerting someone to stop infringing on your intellectual property, which includes trademarks, copyrights, patents, and trade secrets.
An effective letter is clear, specific, and legally grounded.
Include:
- Who you are and your IP rights
- What the infringement is and where/when it occurred
- Legal basis for your claim
- Specific demands for action and a deadline
- Consequences if ignored
Avoid common pitfalls.
- Always confirm the infringement exists and support your claim with evidence.
Know when to involve legal counsel.
- If your IP is valuable or the infringement is complex, a letter from an attorney (especially on law firm letterhead) adds credibility and increases your chances of resolution.
Tone matters: professional, not hostile.
- A firm but respectful tone reduces the risk of escalation.
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