Just what makes a good cease and desist letter?

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Just what makes a good cease and desist letter?

Jack Daniel’s spends millions of dollars each year marketing its whiskey. But a cease and desist letter sent by its trade mark attorney and dubbed “perhaps the most polite ever written” might have been its best advertising move this year

Jack-Daniels-Patrick-Wensink

When the recipient of your cease and desist letter describes it as the most polite ever written, you might feel flattered. When he’s an author with a new book to promote who writes about it on his blog, you can expect it to go viral.

The story of Christy Susman’s letter to Patrick Wensink about the cover image used for his book Broken Piano for President has been picked up by dozens of websites and news outlets and praised for its constructive approach and friendly tone.

The response to Susman’s letter has been altogether different to the reaction from the writers at British satirical magazine Private Eye to a letter from a trade mark lawyer at Portakabin. He had requested the magazine stop using the Portakabin trade mark in a generic sense, only to have his letter reprinted under the headline "What a tragic way to make a living”.

So what makes an effective cease and desist letter? Does a tough approach still have a place in the legal armoury of trade mark lawyers or should all letters be modelled on the one written by Jack Daniel’s?

Do trade mark lawyers cringe when asked to send warning letters to unsuspecting misusers? Are they always aware of the parody potential? Let us know what makes a good cease and desist letter – and the worst you’ve received.

Click on the comment button above to give your views.















more from across site and SHARED ros bottom lb

More from across our site

Barry Greenbaum, partner at Olshan Frome Wolosky, explains how in-house teams can update their approach to brand development, and where AI can add value
Christine Chiramel, who joins a full-service law firm after 17 years of working at specialist firms, says she’s excited to explore how corporate commercial issues are blurring into IP
Practitioners say increasing the pecuniary jurisdiction of India’s most popular litigation forum to around $2 million would spark unpredictability and make it difficult for SMEs to benefit
The Spain-based firm has appointed an industry veteran to lead the group, which it hopes will strengthen its ability to support clients in ‘disruptive technologies’
Shaina Haria, a final-seat trainee at an international law firm’s UK office, shares how she fell in love with IP and why the area of law has changed the way she views the world
Now in its sixth edition, the IP Case Law Conference was focussed on the notion of ‘growing through change’
Nick Redfearn and Khanh Nguyen of Rouse discuss Vietnam’s latest identification in the 2026 Special 301 Report and how the country is taking genuine steps to meet US expectations
Tatiana Campello reflects on 30 years of practising at the firm, and urges women IP attorneys to think beyond the day-to-day
A David v Goliath battle involving TikTok, and Via Licensing Alliance adding new members to its Voice Codec patent pool, were also among the top talking points
Latham & Watkins bolstered its IP litigation bench in California with the addition of Kieran Kieckhefer, as partner demand for trial-ready expertise shows no sign of slowing
Gift this article