What exactly is a cease and desist letter?

Donald Trump's recent attempts to block the US sale and release of 'The Apprentice' by issuing a cease and desist letter has once again highlighted the use of this written notice that demands that the recipient immediately stop an illegal or allegedly illegal activity. Cease and desist letters are often used in the area of intellectual property, but can also be sent in the wake of other allegations, including harassment and defamation. But how exactly does a cease and desist letter work, and what can you do if in receipt of one?

Click through for an explanation and other examples of where cease and desist letters have been sent.

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'The Apprentice' (2024) -

Attorneys for Donald Trump sent a cease and desist letter to the filmmakers behind 'The Apprentice' in an effort to block its US sale and release. The movie, which looks at Trump's early years as a real estate developer and his relationship with Roy Cohn, premiered at the Cannes Film Festival in May 2024.

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Trump's objection -

The former US president specifically objected to a pivotal scene in the movie where a young Donald brutally assaults his then-wife Ivana Trump.

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What is a cease and desist letter? -

A cease and desist letter is a cautionary letter sent to an alleged wrongdoer describing the alleged misconduct and demanding that the alleged misconduct be stopped.

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What does it mean? -

A legal doublet, cease simply means stop, while desist means do not repeat the unlawful activity again in the future.

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A formal warning -

A cease and desist letter is not legally binding. Instead, it serves as a formal warning.

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Right to reply -

The offender is generally given a set time frame—usually 10 to 15 days—to cease and desist.

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Not to be ignored -

However if ignored, the sender may escalate the matter, potentially filing lawsuits or seeking injunctions or a restraining order.

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Cost of not replying -

Ignoring a cease and desist letter may have dire consequences. Escalation of a case could result in costly litigation, damaging the recipient's reputation and finances.

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Cease and desist order -

A cease and desist letter issued by a government entity is actually called a cease and desist order, and constitutes "a warning of impending judicial enforcement." Unlike a letter, a cease and desist order is legally binding.

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Differences between a letter and an order -

A cease and desist order differs from a letter in that it requires the recipient to stop an activity and respond to the issuing court or agency. The order prohibits the recipient from continuing the activity.

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Why is a cease and desist letter sent? -

Cease and desist letters are often used in the area of intellectual property, especially in regard to copyright infringement.

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Intellectual property -

The holder of an intellectual property right such as a copyrighted work (a book for example, or a piece of music), trademark, or a patent, may send the cease and desist letter to inform a third party "of the right holder's rights, identity, and intentions to enforce the rights," according to IDEA: The Intellectual Property Law Review.

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Harassment -

Other unlawful activities associated with cease and desists include harassment. A person who repeatedly pesters or threatens another person can be sent a cease and desist letter as a warning. In more serious scenarios such as stalking, a cease and desist order is usually issued.

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Character defamation and libel -

An individual who engages in making untruthful comments about another person that could be harmful to their reputation and business, whether in print or verbally, is acting illegally. They shouldn't be surprised if they receive a cease and desist letter, or even a cease and desist order.

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Contract violations -

A cease and desist letter or order can be sent to a party violating the terms of a contract. It's often issued as a warning to employees that they are not allowed to take with them proprietary materials etc.

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How to respond to a cease and desist letter -

There are a number of ways a recipient of a cease and desist letter can respond. In the first instance, they can agree in writing to cease actions and not to undertake the harmful actions any longer.

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Disagreeing with the letter -

On the other hand, they can disagree, again in writing, stating that they have every right to continue what they've been doing.

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Reaching a compromise -

And then there's always the option of negotiating some kind of deal where both parties are happy and satisfied with the outcome.

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Notable cease and desist letters -

Back in 2018, Publisher Henry Holt & Co. was subject to a cease and desist letter issued by lawyers for Donald Trump after the then-president attempted to block the publication of 'Fire and Fury: Inside the Trump White House' by Michael Wolff. Trump later called the controversial account of the inner workings of his administration "a complete work of fiction."

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Twitter vs. Meta -

In a 2023 case that set the Internet ablaze with debate, Twitter sent Meta a cease and desist letter over the newly launched Threads app. Twitter (now known as X) accused the social media giant of engaging in "systematic, willful, and unlawful misappropriation of Twitter's trade secrets and other intellectual property" in Meta's creation of the rival app.

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Eminem vs. Vivek Ramaswamy -

Also in 2023, Eminem took Vivek Ramaswamy to task when the entrepreneur was told by the rapper to stop playing his iconic song 'The Real Slim Shady' at campaign events. At the time, Ramaswamy was a candidate for the Republican Party nomination in the 2024 United States presidential election. Eventually, Eminem's team served a cease and desist letter against the Republican Party hopeful. Ramaswamy suspended his campaign in January 2024, after finishing fourth in the Iowa caucuses.

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Michael Jordan's image misuse -

In 2015, Michael Jordan took a grocery store chain to court after it had used an image of him in a magazine advertisement in 2009 that the basketball legend hadn't endorsed, despite Jordan having sent the store a cease and desist letter.

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Britney Spears vs. Jamie Lynn Spears -

Sibling rivalry reared its ugly head when Britney Spears' sister Jamie Lynn Spears tell-all memoir, 'Things I Should Have Said,' hit the shelves in 2022. Britney objected to some of the content and issued her younger sister with a cease and desist letter, invoking the importance of truthfulness in the public sphere.

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Cardi B vs. Tasha K -

American rapper and songwriter Cardi B felt compelled to issue a cease and desist letter to Tasha K after the celebrity gossip blogger was accused by Cardi B of allegedly spreading false information and salacious rumors about her past. Cardi B later won a libel lawsuit against Tasha K.

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Johnny Depp vs. YouTuber -

During Depp vs. Heard in 2022, a pro-Johnny Depp YouTuber was sent a cease and desist letter after they targeted an employee of Amber Heard's PR team. Depp's legal team took action against the YouTuber for spreading potentially defamatory and unverified information.

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Liquid Death vs. Arnold Palmer Enterprises Inc. -

American canned water company Liquid Death was slapped with a cease and desist letter from Arnold Palmer Enterprises Inc. after the brand launched an iced tea-lemonade hybrid in 2023 and dubbed it Armless Palmer, a nod to a similar non-alcoholic beverage named in honor of the golfing legend and officially endorsed by Arnold Palmer Enterprises Inc.

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Starbucks vs. Exit 6 -

In December 2013, an independent brewpub called Exit 6 launched a beer-on-beer cocktail called Frappucino. Despite the fact that Exit 6 deliberately or otherwise forgot the second "c" in Frappuccino, the brewer received a cease and desist letter from Starbucks requesting that they change the name. The multinational coffeehouse chain felt Exit 6 had infringed upon its copyright.

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Bruce Springsteen vs. various Republicans -

Since the early 1990s, Bruce Springsteen has repeatedly asked Republicans not to play 'Born in the U.S.A.' at conventions and rallies. Ronald Reagan, Bob Dole, Pat Buchanan, and Donald Trump all received cease and desist letters from The Boss.

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Sam Moore vs. Barack Obama -

In a rare instance of a Democratic candidate being asked to cease and desist from using a song, Sam Moore requested Barack Obama to refrain from playing 'Hold On, I'm Comin' during Obama's 2008 presidential campaign. The Obama team stopped using the song.

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MGMT vs. Nicolas Sarkozy -

In 2009, American psychedelic rockers MGMT objected to French President Nicolas Sarkozy's use of their song 'Kids' in an online video for his UMP (Union for Popular Movement) party. A cease and desist letter was issued and the indie band threatened to sue.

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Law of the letter -

Meanwhile, Trump's attempt to have 'The Apprentice' withdrawn ultimately failed. The picture received rave reviews and an eight-minute standing ovation after its Cannes Film Festival premiere, according to The Hollywood Reporter.

Sources: (Investopedia) (IDEA: The Intellectual Property Law Review) (The Guardian) (ABC News) (The New York Times) (NBC News) (Law District) (Rolling Stone) (The Hollywood Reporter)