Cease and desist, Larkspur and Rye Bakehouse to Marrowby Pastry Co
Cease and desist letter template that names the right, the conduct and the deadline
A cease and desist letter has to tell the other side exactly what they are doing, which right it infringes, and what must stop by a fixed date. This two page example from a bakery whose wheat sheaf logo was copied by a shop 600 metres away does all three, then asks for a signed undertaking so the matter can end without court.
The document, page by page
Every page as it renders and as it prints, with nothing summarised. Read the wording before you reuse it.
Section by section
What each section is for, so you can keep the ones you need and drop the rest.
- Letterhead and addressee
- Bakery masthead, the date and delivery method, and the owner of the other shop.
- Subject and opening
- What the letter is about and the 20 October 2026 deadline.
- 1. The right we rely on
- Copyright assigned in writing in 2019 and registered trade mark 2187744 in class 30.
- 2. The conduct
- Where the copied logo appears, with a four row comparison table.
- 3. Why it matters
- Two dated examples of customer confusion and the infringement they show.
- 4. What we ask you to do
- Six numbered demands, due within 14 days.
- 5. If you do not
- The proceedings intended and the remedies sought.
- Without prejudice note
- Rights reserved, and room for a without prejudice transition proposal.
- The undertaking to return
- The exact wording the other shop should sign, then the owner's signature block.
How to adapt this document
First, change the comparison table to the thing copied: for a product name, compare spelling, sound and the goods sold; for website text, quote two matching passages side by side. Second, match the right to your facts, replacing the registration details with the copyright commission or the reputation you rely on if the mark is not registered. Third, scale the demands to the harm: a one off social media post may need only removal and an undertaking, while copied packaging justifies delivering up stock and disclosing how many units were printed.
What makes this document work
The comparison table replaces an argument
Four rows set the registered mark beside the copy: seven stalks in a circle, one rye stalk crossing left to right, rust on cream, words arched above. Only the words differ. A reader cannot dispute similarity without disputing a row, which is why the table sits before any claim of infringement.
It proves confusion with dates, not adjectives
Clause 3 cites a customer email of 12 August asking when the Mill Street shop opened and a 2 September review praising croissants at the new Larkspur. Real confusion is the strongest evidence a trade mark owner has, and two dated examples carry more weight than any amount of strong language.
It gives the other side an easy way out
The letter sets out the exact undertaking wording it wants returned, and the without prejudice note invites a proposal for a signage transition period. Most cease and desist disputes end with a rebrand, and a letter that makes the rebrand simple to agree gets there faster than one that only threatens.
Questions people ask
Does a cease and desist letter have to come from a lawyer?
No. A business owner can send one, as Agnes Feld does here, and many disputes end at that stage. A lawyer's letterhead adds weight and is worth it when the other side is large, the right is unregistered, or court is likely. Whoever signs, the letter should only threaten action the sender is prepared to take.
What does without prejudice mean in this letter?
Here it does two jobs. Writing that the letter is without prejudice to the sender's other rights reserves everything not mentioned, so asking for an undertaking does not waive damages. Separately, the letter allows the other side to mark a settlement proposal without prejudice, which generally keeps that offer out of evidence if the dispute reaches court.
Is 14 days a reasonable deadline?
For a small business changing a sign, cups and bags, 14 days is usually seen as fair, and it matches what courts in many countries expect before proceedings. Seven days suits ongoing serious harm, such as counterfeit goods. Give a calendar date, as this letter does with 20 October, rather than a number of days alone.
Can I send a cease and desist if my logo is not registered?
Yes, but the right you rely on changes. Without a registration you would usually rely on copyright in the artwork and, in many countries, on passing off or unfair competition, which require proof of reputation and confusion. Name the right precisely, because a letter that claims rights you do not hold can backfire.
What if the other side ignores the letter?
Then the sender decides whether to start proceedings, as clause 5 says it intends to. Before filing, many owners send one short reminder and keep proof of delivery of both letters. A court will look at whether the other side was told clearly and given time, which is exactly what this letter records.
Should a cease and desist letter be posted publicly?
No. Publishing it, or naming the other business online, can expose the sender to a defamation claim and usually hardens the other side's position. Keep it between the parties, send it by email and tracked post as here, and let the facts in the letter do the persuading.
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