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

The new partners add patent trial depth in high-value technology sectors including semiconductors, software, and cloud computing
From seller vetting and proprietary screening technology to brand collaboration and industry partnerships, Temu explains how its intellectual property enforcement programme combats infringement on its marketplace
A handful of US firms have quietly invested in European patent talent. Recent moves by Baker Botts and K&L Gates suggest that trend may be accelerating
Loke Khoon Tan and Stephanie Yip at Dentons explain what brand owners need to know ahead of January 1 2027, when updates to China’s Trade Mark Law come into force
New US bills signal that firms should work with clients to ensure they are complying with potential regulatory requirements
Octavio Espejo of Becerril, Coca & Becerril explains how sweeping patent reforms reshape filing strategies, prosecution, and divisional application practice
The UK Supreme Court’s decision in Tesla v Avanci enhances the UK's attractiveness for global FRAND battles, say lawyers at Simmons & Simmons
PE-backed practices now comprise the majority of ranked firms for patent prosecution in the Netherlands, but competitors are confident about their decision to remain independent
The firm says new additions position Brown Rudnick as a market leader in tech, life sciences, and global litigation
Richard Quatrano, counsel at Olshan Frome Wolosky, shares why technology M&A buyers and sellers must verify written IP assignments, as broken ownership chains can undermine valuation, deal terms, and closing certainty
Gift this article