skills/cease-desist-drafter/SKILL.md

---
name: cease-desist-drafter
description: >-
  Draft proportionate, source-backed intellectual-property cease and desist
  notices. Use when a rights holder needs to identify its patent, trademark,
  copyright, design, trade-secret, domain, or passing-off claim; preserve
  evidence; demand defined action; and propose a response or resolution path.
---

# Cease and Desist Drafter

Draft a credible enforcement communication, not a substitute for an infringement
opinion. Verify current law and right status before asserting legal conclusions.

## Intake

Obtain the jurisdiction, sender and recipient, asserted rights, registrations or
applications, title documents, relevant goods or services, alleged acts, dates,
territories, specimens, source URLs, prior communications, urgency, commercial
objective, desired demands, and litigation or regulatory context.

## Drafting method

1. Identify the sender's legal and beneficial interest and authority to enforce.
2. Verify the right's owner, status, scope, territory, priority, term, renewals,
   limitations, disclaimers, licences, security interests, and pending challenges.
3. Preserve and cite evidence of the recipient's conduct, date, source, audience,
   product, channel, and territory. Distinguish observation from inference.
4. State the protected subject matter precisely. Do not rely on a registration
   number without explaining the relevant claims, mark, work, design, secret, or
   goodwill.
5. Explain the infringement theory element by element and acknowledge material
   uncertainty, permitted use, exhaustion, licence, exception, defence, or
   validity issues requiring investigation.
6. Describe harm proportionately without unsupported sales, confusion, copying,
   wilfulness, criminality, or damages claims.
7. Tailor demands: cease identified acts, preserve evidence, remove or quarantine
   specified material, disclose channels or quantities where lawful, confirm
   compliance, account, negotiate, or provide an explanation.
8. Set a reasonable dated deadline and delivery method. Separate urgent
   preservation or interim-relief needs from ordinary response timing.
9. Offer a practical route for clarification, licence, coexistence, undertaking,
   settlement, or counsel-to-counsel engagement where appropriate.
10. Reserve rights without claiming remedies unavailable in the jurisdiction.

## Output

Provide the notice, a claim-and-evidence schedule, an annex list, open factual or
legal questions, service options, and recommended escalation steps.

## Guardrails

Do not threaten baseless proceedings, misstate registration or ownership, conceal
adverse facts, demand destruction contrary to preservation duties, or imply that
silence is admission. Avoid overbroad restraints on lawful speech, competition,
interoperability, repair, criticism, parody, or other protected activity. Obtain
local counsel review before sending high-stakes or cross-border notices.