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

With the London Annual Meeting behind us, we look back at some of the lessons learned this week and ahead to what 2027 will bring
In-house counsel aren’t impressed with law firms’ international networks, but practitioners say they are crucial for business
Publication of the UPC’s annual report and adoption of the procedural rules of the Patent Mediation and Arbitration Centre were also among major developments
With the INTA Annual Meeting drawing to a close, we asked attendees for their top tips on how to close business after a meeting
Senior UK judges discussing the impact of AI on the judiciary, and the role of in-house IP lawyers during corporate transactions and carve-outs were among the top talking points
Tarun Khurana, founding partner of Khurana & Khurana, discusses juggling tasks, why every hour has a value, and the importance of ‘trusting the process’
Annual Meeting hears that IP firms are targeting hires with technical literacy in a fragmented landscape, and that those that build an online presence will distinguish themselves from the digital chaos
How law firms can secure themselves in a technology-driven IP landscape and how IP teams can develop future leadership were among the top talking points
The variety of winners demonstrates that the UPC is now a core benchmark rather than an experimental consideration, while junior lawyers are becoming more deeply involved in key work
The Indian government announcing a fee waiver for sports-related IP registrations, and the US adding the EU to its IP 'watch list' were also among major developments
Gift this article