Can You Sue After Sending a Cease and Desist Letter?
Yes. Sending a cease and desist letter does not use up or waive your right to sue. In fact, the letter is often the warning shot that comes before a lawsuit, not a substitute for one.
Here's how the letter and a potential lawsuit relate — including a caution about when sending one can invite a suit against you.
Key takeaways
- A cease and desist letter is not a lawsuit and doesn't waive your right to file one.
- Sending a letter first is not legally required before suing, though it's a common step.
- The letter can serve as evidence the other side was on notice — useful in infringement cases.
The letter and a lawsuit are different steps
A cease and desist letter is a private demand. A lawsuit is a case filed in court. Sending the letter doesn't start the case, and it doesn't prevent you from filing one later. Many people use the letter to try to resolve things first, then sue if it's ignored.
You're also not required to send a letter before suing. It's a common, sensible first move — not a legal prerequisite.
How the letter helps if you do sue
- It shows the other side was on notice and continued anyway.
- In copyright and trademark cases, that notice can support a claim of willful infringement and higher damages.
- It demonstrates you tried to resolve the matter before going to court.
A caution: it can cut both ways
When a letter invites a lawsuit against you
- An aggressive or baseless letter can prompt a counterclaim.
- In intellectual-property disputes, the recipient may file first for a declaratory judgment — asking a court to rule they aren't infringing.
- Threatening language you can't back up can be used against you.
Keep the letter accurate and measured. The point is to create a clean record, not to overstate your position.
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Start your letterThis article is general information, not legal advice, and does not create an attorney-client relationship. Laws vary by state and situation — for a specific legal problem, consult a licensed attorney in your jurisdiction.