What is a cease and desist letter?

A cease and desist letter is a formal written notice demanding that the recipient immediately stop a specific activity that is causing legal harm. Unlike a demand letter — which is typically used to recover money or compel performance of an obligation — a cease and desist letter is about stopping ongoing conduct. Common examples include trademark or copyright infringement, breach of a non-compete or non-solicitation agreement, defamation, harassment, and unauthorized use of confidential information. A well-drafted cease and desist letter puts the recipient on notice that legal action, including an application for an injunction, will follow if the conduct does not stop.

When should you consider a cease and desist letter?

Intellectual property infringement. If someone is using your trademark, business name, logo, creative work, or other intellectual property without authorization, a cease and desist letter is typically the first step. It formally asserts your rights, identifies the infringing conduct, and demands that it stop — often prompting compliance without the need for litigation.

Breach of contract. If a party you have signed a contract with is in breach of your contract, sending a cease and desist letter can be a quick way to prevent further breach.

Defamation and reputational harm. If false statements are being made about you or your business — online, in writing, or verbally — a cease and desist letter demands that the statements stop and, where appropriate, that retractions or corrections be issued. Acting quickly matters in defamation cases, as continued publication can compound the harm.

Unauthorized use of confidential information or trade secrets. If confidential business information, customer lists, or proprietary data is being used or disclosed without authorization, a cease and desist letter puts the responsible party on formal notice and may preserve claims for damages or injunctive relief.

Privacy violations. If personal information about you or your clients is being collected, used, or disclosed in violation of applicable privacy legislation, a cease and desist letter identifies the breach and demands compliance.

Relevant Laws and Regulations

Limitations Act, RSA 2000, c L-12— governs time limits for bringing litigation in Alberta.

Court of Justice Act, RSA 2000, c C-30.5 — governs proceedings in the Alberta Court of Justice.

Court of Justice Civil Procedure Regulation, Alta Reg 176/2018 — provides procedural rules for the Alberta Court of Justice.

Court of King’s Bench Act, RSA 2000, c C-31 — governs proceedings in the Alberta Court of King’s Bench.

Alberta Rules of Court, Alta Reg 124/2010 — provides procedural rules for King’s Bench and Court of Appeal.

Common legal issues

Confusing a cease and desist letter with a demand letter. A demand letter seeks payment or performance of an obligation. A cease and desist letter demands that ongoing conduct stop. Using the wrong document — or conflating the two — can dilute the seriousness of the message and muddy the evidentiary record if litigation follows.

Disclosing too much legal strategy. A cease and desist letter puts the recipient on notice, which also gives them time to prepare a defense, destroy evidence, or take steps to insulate themselves legally. The letter must be assertive and specific enough to be effective without unnecessarily revealing the full scope of your legal position.

Overly broad demands. A cease and desist letter that demands more than the law supports — for example, asserting intellectual property rights that do not exist or claiming breach of an unenforceable covenant — can backfire. It may expose the sender to a counterclaim or undermine credibility if the matter proceeds to court.

Sending to the wrong party. Cease and desist letters must be directed to the correct legal entity or individual. This can become confusing or complicated when corporations are involved – do you send it to the person or their company? Identifying the right party requires careful due diligence before sending.

Not preserving evidence before sending. Once a cease and desist letter is received, the other side may act to limit their exposure — including removing infringing content or deleting relevant records. Preserving evidence of the conduct before sending the letter is an important step that is easy to overlook.

Frequently asked questions

What is the difference between a cease and desist letter and a demand letter? A demand letter is used to recover money or compel someone to fulfill an obligation. A cease and desist letter is used to stop ongoing conduct — such as infringement, harassment, or breach of a restrictive covenant. The two documents serve different legal purposes and are drafted differently.

Is a cease and desist letter legally binding? A cease and desist letter is not a court order and cannot legally compel the recipient to act. However, it puts the recipient on formal notice and creates a record of the complaint. If the conduct continues, the letter strengthens any subsequent application for an injunction or claim for damages.

What happens if the recipient ignores a cease and desist letter? If the recipient does not comply, the next step is typically an application to the Court of King’s Bench for an injunction or the commencement of a civil action. The cease and desist letter will form part of the evidentiary record in those proceedings.

Can sending a cease and desist letter make things worse? It can, if it is poorly drafted, legally unsupported, or sent to the wrong party. A letter that overstates your rights or makes unfounded allegations can expose you to a counterclaim or damage your credibility. Having a lawyer draft or review the letter reduces this risk.

Does a cease and desist letter stop the limitation period? No. Sending a cease and desist letter does not pause Alberta’s two-year limitation period under the Limitations Act. If litigation becomes necessary, a court claim must be filed before the deadline expires.