Complete playbook with templates, state-law levers, and strategic response options - from immediate triage to declaratory judgment
A C&D is just a letter. It has no legal force. Only a court can order you to do anything.
Most C&D letters never become lawsuits. Many are sent to intimidate or establish a paper trail.
Lawyers send aggressive letters for clients all the time. The legal claims may be weak or meritless.
Take time to assess. Hasty responses often make things worse. Most deadlines are arbitrary.
Evidence preservation and litigation hold steps you should take immediately upon receiving a C&D letter.
Preserve the envelope - Note date received, sender info, and delivery method (certified mail matters for SOL)
Screenshot everything - Capture any content they're complaining about before you change anything
Issue litigation hold - Notify IT/team to preserve emails, files, and communications related to the dispute
Identify witnesses - Who knows about the facts? Document their contact info now
Check insurance - Review GL, E&O, D&O, and media liability policies for coverage
DO NOT respond yet - No calls, emails, or social media posts about the matter until you have a strategy
The legal theory behind the C&D determines your response strategy. Click to explore defenses for each type.
Brand name, logo, slogan, or product design infringement claims
Creative work, software, images, or content copying allegations
Product or process patent claims, often from NPEs/trolls
Claims about statements, reviews, or online posts
Misappropriation claims, often after employee departure
Restrictive covenant enforcement threats from ex-employers
FTC, SEC, state AG, or industry regulator warnings
Claims you're interfering with contracts or business relationships
Every C&D response falls into one of these six archetypes. Choose based on the strength of their claims, your risk tolerance, and business objectives.
You stop the complained-of conduct but without admitting liability. Preserve your position while removing the immediate issue.
Challenge the factual or legal basis. Request evidence of ownership, registration, actual confusion, or damages before you'll even discuss it.
Agree to modify (not stop) your conduct. Propose a phase-out period, disclaimer addition, or scope limitation that addresses their concerns.
Propose a business deal: license the IP, pay a settlement, or enter a coexistence agreement that lets both parties continue.
Go on offense. Demand withdrawal of the C&D, threaten Anti-SLAPP, cite bad faith, or raise your own claims against them.
Seize the initiative. File a declaratory judgment action in your preferred forum or an Anti-SLAPP motion to shift fees and chill the threat.
These legal doctrines can flip the script, making the C&D sender think twice about pursuing litigation.
When someone threatens to sue but doesn't, you can file first and ask a court to declare your conduct lawful. This lets you choose the forum and force their hand.
If the C&D targets speech on public interest matters, you may be able to strike their lawsuit early and recover attorney fees. California's statute is particularly strong.
If they filed a DMCA takedown, you can file a counter-notice to restore your content. They then have 14 days to sue or lose.
In copyright, trademark, and Anti-SLAPP cases, the loser may pay the winner's fees. This risk cuts both ways and affects settlement math.
Step-by-step guides for specific C&D types with templates, defenses, and California-specific strategies.
Likelihood of confusion analysis, fair use defenses, and coexistence agreement options.
Fair use analysis, DMCA counter-notice, and licensing negotiations.
Invalidity defenses, non-infringement arguments, and IPR petition strategies.
Truth defense, opinion privilege, and California Anti-SLAPP motions.
Independent development, public information defenses, DTSA strategies.
California B&P Code 16600, overbreadth challenges, and blue-pencil doctrine.
Counter-demands, Rule 11 sanctions threats, and professional conduct complaints.
California CCP 425.16 strategy, protected activity analysis, and fee recovery.
Many C&D letters can be handled yourself, but some situations benefit from professional legal assistance: