Intellectual Property Cease and Desist Letter - Form

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VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AND ELECTRONIC MAIL

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Attn: ________
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RE:    CEASE AND DESIST — COPYRIGHT INFRINGEMENT
       Infringing Work: ________

Dear Sir or Madam:

This firm/letter concerns the unauthorized use of copyrighted material owned by the undersigned (the “Rights Holder”). This letter constitutes formal notice of copyright infringement and a demand that you immediately cease and desist from all infringing activity, as set forth more fully below.

§ 1. Ownership of the Copyrighted Work. The Rights Holder is the sole and exclusive owner of all right, title, and interest in and to the original work of authorship entitled ________ (the “Work”). The Work was first published on ________ and is the subject of United States Copyright Registration No. ________, issued by the United States Copyright Office. The Rights Holder has reserved all rights in and to the Work under the Copyright Act of 1976, 17 U.S.C. § 101 et seq.

§ 2. The Infringing Conduct. It has come to the Rights Holder’s attention that you have published, displayed, reproduced, and/or distributed the following work: ________ (the “Infringing Work”). The Infringing Work is substantially similar to, and in material respects identical to, the Work. The substantial similarities include, without limitation, the following:

— ________

The Infringing Work may be accessed and/or is being distributed at the following location(s): ________. Supporting documentation evidencing the infringement is enclosed herewith for your reference.

§ 3. Infringement of Exclusive Rights. You neither requested nor obtained any license, authorization, or permission from the Rights Holder to use, reproduce, distribute, publicly display, or create derivative works from the Work. Your unauthorized copying and use of the Work therefore constitutes willful copyright infringement in violation of the exclusive rights granted to the Rights Holder under 17 U.S.C. § 106, and may give rise to liability under 17 U.S.C. §§ 501–505.

§ 4. Demands. The Rights Holder hereby demands that you immediately and permanently:

1. cease and desist from any and all use, copying, reproduction, distribution, public display, public performance, transmission, and publication of the Work and of any materials that infringe upon, are derived from, or are substantially similar to the Work;
2. remove and permanently delete all infringing materials from any and all websites, platforms, publications, products, inventory, advertisements, or other media within your possession, custody, or control, and recall any such materials already distributed to third parties to the extent reasonably practicable;
3. account in writing for all copies of the Infringing Work made, sold, distributed, or otherwise disposed of, together with all revenues, profits, and gains derived therefrom; and
4. provide the Rights Holder with written assurance, signed by you or your authorized representative, within ________ days of the date of this letter, confirming that you have fully complied with each of the foregoing demands and will refrain from any future infringement of the Work.

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§ 6. Preservation of Evidence. You are hereby placed on notice of a potential legal dispute and are directed to preserve all documents, records, communications, electronically stored information, and other materials relating in any way to the Work and the Infringing Work. The destruction, alteration, or concealment of any such evidence may constitute spoliation and subject you to additional sanctions.

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Govern yourself accordingly. The Rights Holder trusts that this matter can be resolved promptly and amicably; however, the Rights Holder is fully prepared to enforce its rights to the maximum extent permitted by law.

Sincerely,

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Enclosures: ________