Cease and Desist
Stop a copy or unauthorized use of your work with a formal letter — no lawyer required, often effective, low cost.
When to use this remedy
A cease and desist letter is the standard remedy when you know the infringer's identity and can contact them directly. It precedes and prepares any legal action, but in the vast majority of cases, it resolves the dispute amicably.
Use a cease and desist letter when:
- You have precisely identified the infringer (name, contact, company)
- The infringement is documented (dated screenshots, evidence of prior existence)
- You can demonstrate that your creation predates the copy
- You want to give the other party a chance to resolve the matter before any legal proceedings
- The stakes are significant (commercial use, meaningful impact on your activity)
A cease and desist is only as strong as the evidence behind it. A letter without opposable proof of prior authorship is still just a letter — a letter backed by verifiable blockchain proof is a legal act that commands attention.
How to proceed
A cease and desist follows a simple but rigorous process. Each step reinforces the next.
Build your evidence file before sending anything. Gather: your ETcH proof of prior authorship (ZIP + Etherscan link), dated screenshots of the infringement, exact URLs, first observed publication date, and any supporting elements (delivery emails to a client, a published post predating the copy, etc.).
Write the letter with the required elements: full identification of both parties, description of your rights (under the Berne Convention, copyright is born from creation with no registration required), precise description of the infringing acts observed, reference to your proof of prior authorship (hash, date, Etherscan link), an explicit demand for immediate cessation and removal of all infringing content, a reasonable deadline to comply (8 to 15 days in practice), and a statement that legal proceedings will follow if no response is received.
Send by tracked letter (equivalent of LRAR in your country). In France: lettre recommandée avec accusé de réception (LRAR, ~€5.50 to €7.50 at La Poste in 2026), or certified electronic letter (LRE) with equivalent legal value (€3 to €5). A plain email may serve as supplementary evidence under jurisprudence but does not carry the same probative value as a tracked letter for triggering legal effects.
Keep the signed acknowledgment of receipt. This document proves the date of reception and triggers the legal effects of the notice.
Wait out the deadline. If the recipient complies (removal, compensation, license agreement): dispute resolved. If they contest: negotiate or prepare to escalate. If no response within the deadline: you are entitled to file a complaint or initiate legal proceedings.
In case of non-compliance: the cease and desist becomes a key exhibit in your legal file. It proves you attempted amicable resolution — a factor judges weigh in your favor. Note: for disputes under €5,000 in France, Article 750-1 of the Code of Civil Procedure (decree no. 2023-357 of May 11, 2023) requires a prior formal attempt at amicable resolution (conciliation, mediation, or collaborative procedure) — a cease and desist letter alone does not always satisfy this requirement.
Cost and expected timeline
Cost
€0 to €500
Average timeline
A few days to 3 weeks
Success rate
High when evidence is solid
Lawyer required
No
A cease and desist is the mid-range remedy: more official and binding than a platform takedown, less costly and faster than legal proceedings.
What proof to provide
Your cease and desist is only as strong as the proof it carries.
Under French law and the Berne Convention, copyright is born from creation with no prior registration (Art. L.111-1 CPI). But you must prove:
- That you are the author — which the ETcH bundle enables by documenting the creative trajectory
- That your work existed before the copy — which blockchain anchoring proves with an opposable, publicly verifiable date
This is precisely what you attach to your cease and desist:
- The ETcH proof ZIP (or its session hash and corresponding Etherscan link)
- The proof manifest listing the hashed files and their individual fingerprints
- An explanatory phrase: "This creation was anchored on the Ethereum blockchain on [date], transaction [hash]. Independent verification available at etherscan.io/tx/[hash], without relying on any third-party service."
Elements to include in the demand
A cease and desist letter for intellectual property infringement must contain:
- Your complete contact information (name, address, email, phone)
- The recipient's contact information (full name or company name, address)
- A description of your creation and your rights (specifying the nature of the work, the date of creation, and the legal basis — e.g. Art. L.111-1 CPI for French copyright)
- A precise description of the infringing acts: exact URL, dated screenshot, date of first observation, description of the similarity
- Your proof of prior authorship: ETcH ZIP, transaction hash, Etherscan link
- An explicit demand: immediate cessation + removal of all infringing content + if applicable: quantified compensation for damages
- The compliance deadline (8 to 15 days — specify a calendar date)
- A statement of consequences for non-compliance: referral to the competent court and/or criminal complaint (copyright infringement is a criminal offense under Art. L.335-2 CPI, punishable by up to 3 years imprisonment and a €300,000 fine)
- The standard reservation clause: "This notice constitutes a formal demand triggering all applicable delays, interest, and legal actions to protect our rights."
Be factual and precise. Avoid emotional or accusatory language — the letter should build a legal file, not express indignation.
Going further
A few resources for writing or having your letter drafted:
A specialist IP lawyer can draft the letter for you: a cease and desist on law firm letterhead often carries more weight than a personal letter. Fees vary by firm; request a quote before committing.
Limits of this remedy
A cease and desist is effective, but not universal.
- It requires knowing the infringer's identity and contact — if they are anonymous, another remedy is needed (platform takedown, criminal complaint)
- It has no immediate suspensory effect: the infringer may continue during the compliance deadline
- It guarantees neither content removal nor compensation — it is an invitation to comply, not a constraint
- If the recipient contests your rights (challenging the originality of your work or your status as author), a cease and desist alone is not sufficient — you will need to go to court
- For disputes under €5,000 in France: Art. 750-1 CPC requires a prior formalized amicable resolution attempt (conciliation, mediation) before any court referral — a cease and desist letter does not always satisfy this condition on its own
- A cease and desist does not interrupt the statute of limitations — only a court summons or written acknowledgment of debt does. In copyright matters: 5 years at civil level (Art. 2224 C. civ.), 6 years at criminal level (Art. 8 CPP, Act of February 27, 2017)
In these cases, escalate to a formal complaint or legal proceedings.