Get A Cease And Desist Letter Backed By Legal Assessment Of The Issue

This service is commonly used by Australian businesses, startups, agencies, ecommerce brands, software companies and creatives who believe someone is using their trade mark, content, images, code, branding or confidential information without permission. It is also useful where a former employee, contractor, distributor or collaborator may be acting outside agreed licence or ownership terms. A lawyer-prepared letter is often worthwhile when the issue is commercially sensitive, the other party has ignored informal requests, or you want to check your legal basis before making allegations that could escalate the dispute.

A cease and desist letter can address trade mark infringement, copied website or marketing content, unauthorised use of photos or videos, misuse of branding, breach of licence terms, passing off, and misuse or disclosure of confidential information. It can also be relevant where ownership is unclear, such as work created by contractors or under a software development arrangement. The legal basis matters. Before a letter is sent, it is important to identify what rights you actually hold, what evidence supports them, and whether the other party may argue they had permission or independent rights.

The service usually includes a consultation with an Australian lawyer, a preliminary assessment of the IP rights you may be able to rely on, review of the supporting material you provide, and drafting of a customised cease and desist letter. It also covers practical advice on what the letter should ask for, such as stopping use, removing content, preserving evidence, confirming undertakings or responding by a set date. Requirements and timeframes can vary by jurisdiction, especially if the issue involves overseas parties, online platforms or registered rights in more than one country.

We usually need documents showing your rights and evidence of the conduct you are challenging. Depending on the matter, that may include trade mark registration details, contracts, assignment deeds, licence terms, screenshots, URLs, dated examples of use, invoices, source files, correspondence, or records showing authorship and first use. It also helps to know the commercial outcome you want, such as removal of content, cessation of a brand name, delivery up of material, or a written undertaking. Stronger evidence generally leads to a more precise letter and a clearer next step if the recipient pushes back.

Yes. If a letter overstates your rights, threatens action too broadly, or ignores a possible defence, it can harden the other side's position or prompt a counterclaim. That risk can be higher where the recipient is a competitor, distributor, former collaborator or someone with their own registered rights. A carefully prepared letter aims to put your position clearly without making claims the evidence cannot support. Approval depends on the relevant regulator or authority if the matter later moves into a formal process, and third-party decisions can affect what happens after the letter is sent.

As an online law firm, we eliminate the headaches of paying us by the hour and finding time to meet with a lawyer in person. We charge a fixed fee, with upfront quotes and transparent pricing, and communicate via phone, email and video chat - whichever suits you! You'll be guided through our process by our expert lawyers, who are Australian-qualified and specialise in technology, intellectual property, contract drafting, corporate and commercial law.

At Sprintlaw, our pricing is transparent and designed for startups and small businesses. Many one-off legal services, including document drafting and reviews, are provided for a fixed fee with an upfront quote before you proceed.

Prices typically range from $250 to $2,500 AUD depending on the complexity and scope of the work. For ongoing support, Sprintlaw Memberships include options such as legal templates, consultations, a legal helpline and credits for services.

If your project is larger or more complex, we will provide a tailored quote after understanding what you need.

Our law firm operates completely online, which means we can help you wherever you are in Australia. We work at The Commons Central - a cool co-working space in Chippendale, Sydney - but our lawyers often work flexibly across various locations.

Our lawyers also work from co-working spaces and home offices in Sydney, Melbourne, Brisbane, Adelaide and Perth, so clients can get help online without needing to meet in person.