Cease and desist (IP demand letter)
A cease and desist letter, the functional equivalent of the French mise en demeure in intellectual property matters, is a formal notice sent to a suspected infringer ordering it to stop the infringement immediately under threat of litigation.
Definition
A cease and desist letter is a formal notice sent by a rights holder to a person or entity suspected of infringing those rights, ordering it to stop the disputed act immediately and, where applicable, to repair the harm caused. In the United States, it is not governed by any specific statute and draws its force from general contract and tort law and from the Lanham Act for trademarks (15 U.S.C. § 1051 et seq.). In France, its equivalent is the mise en demeure based on article 1344 of the French Civil Code, a useful but non-mandatory step before an infringement action under articles L716-4 (trademarks), L613-3 (patents) and L335-2 (copyright) of the French Intellectual Property Code (CPI). It interrupts the limitation period if the formal conditions are met.
In plain English
Before going to court, you send a letter. The letter establishes your right, identifies the infringement, demands that it stop within a set period (typically 8 to 15 days) and threatens an infringement action. Well-drafted, it closes 60 to 80 percent of cases without litigation: the recipient weighs the risk, and the cost-benefit balance points to compliance. Poorly drafted, it produces the opposite effect: it can be characterized as disparagement (article 1240 of the French Civil Code in France, tortious interference in the United States) if widely circulated, or as an abuse of process if it relies on a fragile right. In the United States, it may also trigger a declaratory judgment action in a federal court chosen by your opponent, depriving you of the choice of forum.
RWM transatlantic case study
For a French client whose trademark is being used by a U.S. operator on Amazon US or another e-commerce site, the typical sequence is: a USPTO clearance search, a digital bailiff's report (in France) or a notarized affidavit (in the United States), then a cease and desist letter in English on letterhead. If the rights holder owns both an INPI trademark and a USPTO trademark, we cite both registrations and invoke the Paris Convention of 20 March 1883 (article 6 quinquies) to strengthen the position. On timing: we typically grant 10 to 14 business days in the United States versus 15 days in France. If the recipient is in the United States, the letter goes by certified mail return receipt and by email for traceability. The next litigation step is either an infringement action before a specialized French court (the Paris tribunal judiciaire), a preliminary injunction motion before a U.S. District Court, or a TTAB cancellation proceeding if the goal is to cancel the opposing trademark. The cost of the letter alone remains moderate, generally between 1,500 and 4,000 euros in fees included.
Points to watch
- Identify the asserted right precisely (trademark number, patent number, USPTO registration).
- Realistic compliance deadlines: 8 to 15 days depending on the complexity of the required action.
- Risk of a declaratory judgment action in the United States: do not send without a jurisdiction strategy.
- Public circulation of the letter is inadvisable: risk of disparagement or tortious interference.
- Preserve evidence of sending and receipt, a key element for the limitation period and for cost recovery.