Cease & Desist Evidence Package

A Checklist for Pre-Action Correspondence Evidence

A cease and desist letter is also evidence — and so is the response.

Preserve all evidence before sending — complete capture before any outreach
Compile IP rights documentation — registration certificates, chain of title
Prepare the infringement evidence annex — side-by-side, annotated captures
Document the recipient's identity — corporate registry, WHOIS, platform data
Preserve evidence of sending and receipt — delivery confirmation, email headers
Capture evidence of the response — removal, reply, or continued infringement

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Before

Preserve before sending

All infringing content must be captured and secured before the cease and desist letter is sent. The letter itself may prompt immediate removal of all evidence.

Receipt

Proof of delivery required

The date of receipt establishes when the infringer had knowledge of the IP rights — directly relevant to wilfulness and the calculation of enhanced damages in US proceedings.

14 days

Standard response period

Most cease and desist letters specify a 14-day response period. The infringer's response — or silence — within this period is itself evidence relevant to wilfulness and damages.

Key Principle

Sending a cease and desist letter frequently causes the infringer to remove all infringing content immediately. Every piece of preservation evidence must be collected and secured before the letter is sent — not after.

What's Inside

7 steps for pre-action evidence.

I Preserve All Evidence Before Sending — complete capture before any outreach

II Compile IP Rights Documentation — registration certificates, chain of title

III Prepare the Infringement Evidence Annex — side-by-side, annotated captures

IV Document the Recipient's Identity — corporate registry, WHOIS, platform data

V Preserve Evidence of Sending and Receipt — delivery confirmation, email headers

VI Capture Evidence of the Response — removal, reply, or continued infringement

VII Assess Whether to Proceed to Litigation — admissions, new facts, wilfulness