Cease and Desist Letters: What They Mean and How to Avoid Them

Episode Summary

In this episode of Infringe at Your Own Risk, patent attorney Randall Bateman provides a comprehensive breakdown of cease and desist letters, explaining what they are, why they’re issued, and how businesses and individuals should respond. With decades of experience in intellectual property law, Randall shares real-world examples and offers practical advice for navigating these letters, avoiding costly mistakes, and protecting your rights.

Listeners will learn about the differences between cease and desist letters and court orders, how to handle potentially bogus claims, and the critical importance of preserving evidence before taking down infringing content. Randall also explains the strategic considerations behind sending or responding to cease and desist letters, including tone, timing, and the potential public relations consequences.

Whether you’re a business owner, creator, or entrepreneur, this episode provides essential guidance on dealing with cease and desist letters effectively and strategically.

Key Timestamps

00:52 – What a cease and desist letter really is
02:40 – Common misuse of the term and how it differs from injunctions and restraining orders
04:15 – Why ignoring a cease and desist letter can make matters worse
06:20 – Typical scenarios that lead to receiving cease and desist letters
08:05 – Why you should preserve evidence before removing content
10:15 – When to ignore, negotiate, or challenge a cease and desist claim
12:40 – Real case study: unauthorized use of a Santa Claus image
14:55 – The risks of the “Streisand Effect” and public backlash
17:10 – The importance of tone in cease and desist letters
18:45 – Factors that determine how aggressive your response should be

About the Show

Infringe at Your Own Risk is a podcast for creators, innovators, and entrepreneurs who want to understand how intellectual property law protects their ideas, and how to avoid costly legal mistakes. Hosted by Kevin Rosenquist and featuring IP attorney Randall Bateman of Bateman IP.