An intellectual-property cease-and-desist notice

At a glance

Preserve the full notice and the actual material complained of before changing or deleting evidence. The asserted right and demanded remedy require separate examination.

Law and context

The Trade Marks and Copyright Acts provide different rights and remedies, with provisions addressing groundless threats in their respective scope. A notice is an allegation, not a final determination of infringement.

Practical next step

Gather ownership documents, licences, dates of use, source files and the complete communication record. Obtain advice promptly before admitting liability, threatening others or entering a settlement.

Important qualifications

This guide does not say a claim is valid or baseless. Removing material may be sensible in some circumstances but does not replace a legal assessment.

Document checklist

• Complete notice
• Alleged right and registrations
• Use or licence evidence
• Original disputed material

Sources

• The Trade Marks Act, 1999 — 134,135,142
• The Copyright Act, 1957 — 55,60

General information. The appropriate course depends on the complete facts, documents and applicable law. Editorial process and website disclaimer.