Cease-and-Desist vs. Lawsuit: Which Should You Use for Trademark or Copyright Infringement?
Introduction
When someone infringes on your trademark or copyright, your first instinct may be to sue—but is that always the best option? In many cases, a cease-and-desist letter can resolve the issue faster and with far less cost. However, some situations call for immediate litigation to stop the damage. Understanding when to send a letter and when to head straight to court can save your business time, money, and reputation.
What Is a Cease-and-Desist Letter?
A cease-and-desist letter is a formal demand that the infringer stop their unlawful use of your intellectual property. It doesn’t involve the courts—yet—but it puts the infringer on notice that you’re serious about protecting your rights.
Advantages:
Low cost compared to litigation.
Often resolves disputes without court involvement.
Creates a paper trail showing you enforced your rights.
Risks:
The infringer might ignore it.
If not carefully drafted, it could trigger a lawsuit from the other side (declaratory judgment).
When to Use a Cease-and-Desist Letter
The infringement appears accidental or uninformed.
You want to preserve the option of settlement.
You need quick action but don’t want to escalate immediately.
When to File a Lawsuit Instead
Sometimes, skipping the letter and filing a lawsuit is the smarter move:
Ongoing or willful infringement: The infringer knows they’re misusing your IP and refuses to stop.
Counterfeiting or large-scale copying: Immediate court intervention may be necessary to prevent further harm.
Significant financial losses: If the infringement is cutting into your profits, litigation may be the only way to recover damages.
Risk of evidence destruction: Going straight to court can secure evidence through discovery.
How Attorneys Help You Decide
A skilled IP attorney evaluates:
The strength of your trademark or copyright.
The likelihood of settlement.
The costs versus benefits of litigation.
The best timing to maximize leverage.
Conclusion
Both cease-and-desist letters and lawsuits are powerful tools for enforcing intellectual property rights. The right choice depends on your goals, the severity of the infringement, and your willingness to escalate. At Trestle Law, we help clients craft enforcement strategies tailored to protect their brand value and business growth.
Contact us today to schedule a consultation and find out whether a cease-and-desist letter or lawsuit is the best option for your case.
Attorney Advertising Notice and Disclaimer
This blog is intended for informational purposes only and does not constitute legal advice. Viewing or relying on this content does not create an attorney-client relationship with Trestle Law APC or its attorneys. Every situation is different, and you should consult with a qualified attorney licensed in your jurisdiction before making legal decisions.
Trestle Law APC is a California law firm. Attorney Kristen Roberts is licensed to practice law in California. This communication may be considered attorney advertising under the California Rules of Professional Conduct. Past results do not guarantee future outcomes.