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 firm’s co-CEO discusses patent litigation, collaboration with overseas colleagues and the next generation of leaders
Two recent decisions demonstrate the courts’ creativity in cutting-edge IP disputes that tested their jurisdictional powers
Aditi Verma Thakur, managing partner at Aishani Partners, discusses 5 am wake-ups, working with high-performing professionals and staying calm under pressure
After more than three decades at Wilson Sonsini, Ian Edvalson explains why he moved to expand his life sciences transactional practice
While individual lateral hires and full-scale mergers remain popular options to scale a firm’s IP practice, recent activity indicates that a third option is proving successful
Lead King & Spalding trial lawyer says that while this is the first IP litigation defence victory for DoorDash, it certainly won’t be the last
As firms invest in scale, professional management and technology, trusted client relationships may become the competitive edge that cannot be automated
As UPC activity continues to drive strategic hiring and expansion, recent rulings have delivered a notable win for Samsung, and further uncertainty in the long-running GSK-Pfizer vaccine battle
The merger of Taylor Wessing’s UK operation with US firm Winston Strawn was a response to a strategic conundrum, its leaders say
Over the past 23 years, LawPlus has expanded from Thailand to Myanmar and built extensive international partnerships. What’s next?
Gift this article