What to Do When You Get a Cease and Desist (And Why You Shouldn’t Panic)

Sep 29

Opening your inbox to a formal letter from a law firm demanding that you stop using your business name, program, or content is every founder's nightmare. Your heart drops, but here is the first thing you need to know: take a deep breath.

A cease and desist can feel terrifying, but it isn't a lawsuit, nor does it automatically mean you have to rebrand overnight.

Here is your quick, step-by-step action plan on what to do (and what not to do) if one lands in your inbox.

First, the "Don’ts" (Protect Your Position)

Don't ignore it: It’s not a lawsuit yet, but ignoring it is the fastest way to turn it into one. Take it seriously, even if you think they’re wrong.
Don't respond immediately: Firing off an emotional email in defense can backfire. Anything you write can be used against you later.
Don't vent on social media: Resist the urge to screenshot the letter for your Instagram stories or Facebook groups. Public posts only complicate your legal standing.
Don't change everything overnight: Don't take down your website or rebrand immediately. Wait until you actually understand your rights.

Next, the "Dos" (Gather the Facts)

Read the exact demands: Are they asking you to stop using a name, take down content, or pay money? Know exactly what they want before making a move.
Mark the deadline: Cease and desist letters almost always include a deadline to respond. Note it on your calendar immediately.
Document your timeline: Save the letter and screenshot your website and social handles. Gather proof of the exact dates you first started using the name or content.
Check their claims: Do they actually own a registered trademark? Search USPTO.gov. If their mark isn't registered, their claim may be weaker than it sounds.

The Best Next Steps

Call an attorney: This is definitely not the time to DIY. An IP lawyer can review the letter, evaluate if their claim has merit, and handle the response for you.
Know that this happens more than you think: Getting a cease and desist happens way more than you think in business, and many of these situations are resolved quietly with a simple conversation between attorneys. You don't have to figure this out alone.