Free Cease and Desist Letter Template for India
Demand that unlawful conduct stop with a professionally drafted Cease and Desist letter tailored to Indian law. Our template covers copyright infringement, trademark violation, defamation, harassment, and other actionable wrongs under Indian statutes.
TAKE NOTICE that we / I, Aryan Kapoor of Kapoor Digital Solutions Private Limited, write to you in connection with your unauthorised and unlawful activities constituting Trademark Infringement under Section 29 of the Trade Marks Act, 1999 ("TMA 1999"), as more particularly set out herein.
Our company, Kapoor Digital Solutions Private Limited, is the registered proprietor of the trademark "KAPOOR DIGITAL" bearing Registration No. 4567890 in Class 42 (Information Technology Services), registered under the Trade Marks Act, 1999 with the Trade Marks Registry, Mumbai, with effect from 15 March 2020. The said mark has been in continuous, extensive, and exclusive use since January 2018 in relation to software development, cloud computing, and digital transformation services. The mark has acquired substantial goodwill and reputation in India.
It has come to our attention that you are engaged in the following acts, which constitute Trademark Infringement under Section 29 of the Trade Marks Act, 1999 ("TMA 1999"):
It has come to our attention that you are operating a business under the name "Rao Kapoor Digital Services" and the website domain "kapoor-digital.in", which is identical and/or deceptively similar to our registered trademark "KAPOOR DIGITAL". You are providing services in the field of website development and IT consulting, which directly overlap with our registered services in Class 42. Your use is likely to cause confusion and deception among consumers and members of the trade as to the source and origin of the services, and constitutes infringement under Section 29(2)(a) and 29(2)(b) of the Trade Marks Act, 1999.
This conduct was first noticed by us on 15 April 2026.
Screenshots of the website kapoor-digital.in downloaded on 20 April 2026 showing the infringing trade name
Google Ads campaigns run by you using the keyword "Kapoor Digital" (screenshots dated 18 April 2026)
Consumer complaint received by our company confusing your services with ours (email dated 15 April 2026)
Copy of our trademark registration certificate No. 4567890
You are hereby called upon and required to comply with each of the following demands within 15 days of receipt of this notice:
(i) CEASE AND DESIST immediately and permanently from all activities constituting Trademark Infringement, including but not limited to any further use of our intellectual property / trade secrets / personal data, and remove all infringing content from all platforms, websites, and offline materials forthwith;
(ii) DELIVER UP AND DESTROY all infringing goods, materials, packaging, labels, digital files, and other items that infringe upon our rights, and provide written confirmation of such destruction;
(iii) ACCOUNT FOR AND SURRENDER all profits, gains, and benefits derived from the infringing activity, details of which are to be furnished in writing within the deadline specified below;
(iv) EXECUTE AND DELIVER a written undertaking, duly signed, unconditionally agreeing to permanently cease all infringing activity and not to engage in such conduct in the future;
(v) PAY DAMAGES / COMPENSATION of 5,00,000.00 INR on account of losses and damage suffered by us, to be paid within the deadline specified below;
In the event of your failure to comply with all of the above demands within 15 days of receipt of this notice, we shall be constrained, without further notice or correspondence, to initiate legal proceedings before the competent court at New Delhi, and shall seek all available remedies including:
(a) A temporary / perpetual injunction under Sections 37–40 of the Specific Relief Act, 1963 ("SRA 1963") and Order 39, Rules 1–2 of the Code of Civil Procedure, 1908 ("CPC 1908") to restrain you from further infringing activity;
(b) Damages, account of profits, and delivery up under Section 135 of the TMA 1999 (injunction, damages, account of profits, delivery up of infringing goods);
(c) Costs of this litigation and all ancillary legal expenses at your risk, cost, and consequence.
We also reserve the right to initiate criminal proceedings where applicable under the Indian Penal Code, 1860 ("IPC 1860"), the Trade Marks Act, 1999, the Copyright Act, 1957, or other applicable Indian law.
What Is a Cease and Desist Letter in India?
A Cease and Desist Letter is a formal written demand requiring a recipient to immediately stop (cease) and not resume (desist) a specific unlawful action. In India, cease and desist letters are widely used by intellectual property owners, businesses, and individuals to address copyright infringement, trademark violations, patent infringement, defamation, harassment, breach of contract, misuse of confidential information, and other legal wrongs. While a cease and desist letter is not itself a court order, it serves as an official notice of the aggrieved party's legal position and creates a documentary record before any formal legal proceedings.
Under Indian law, a cease and desist letter serves several important functions. It puts the recipient on formal notice that their conduct is unlawful and provides them with an opportunity to comply voluntarily — often avoiding the cost and delay of litigation. In intellectual property disputes, sending a cease and desist letter before filing suit is often advisable because it demonstrates good faith to the court and may result in voluntary compliance. In online and digital contexts, the Information Technology Act 2000 and the DPDPA 2023 provide additional grounds for demanding cessation of unlawful data processing or publication of harmful content.
The legal basis for a cease and desist letter in India depends on the specific wrong being addressed. For copyright infringement, the Copyright Act 1957 grants the copyright owner the right to demand cessation and seek damages and injunctions. For trademark infringement or passing off, the Trade Marks Act 1999 provides similar remedies. For defamation, Sections 499 and 500 of the Indian Penal Code (now Bharatiya Nyaya Sanhita 2023) and the law of civil defamation provide grounds for legal action. For harassment and stalking, the Protection of Women from Domestic Violence Act 2005 and the IT Act 2000 (Section 67 for cyberstalking) may be relevant. Indian courts — including the High Courts of Delhi, Bombay, and Madras — are experienced in granting urgent interlocutory injunctions in IP and defamation matters.
What's Covered in This Cease and Desist Letter Template
Our India-specific Cease and Desist letter template covers all essential elements for an effective legal demand under Indian law.
Sender & Recipient Details
Clearly identifies the sender (rights owner or aggrieved party) and the recipient, with full names and addresses.
Description of Unlawful Conduct
Precisely describes the specific unlawful act — copyright infringement, trademark use, defamatory statement, breach of contract — with dates and supporting details.
Legal Basis in Indian Law
Cites the specific Indian statute violated — Copyright Act 1957, Trade Marks Act 1999, IT Act 2000, IPC/BNS 2023 — establishing the legal basis for the demand.
Demand to Cease Immediately
Issues a clear, unequivocal demand that the recipient immediately stop the infringing or harmful conduct.
Demand to Destroy/Remove Infringing Material
Requires the recipient to remove, take down, or destroy any infringing copies, content, or material — particularly relevant for online copyright and trademark infringement in India.
Response Deadline
Sets a reasonable deadline (typically 7 to 14 days) for the recipient to respond with confirmation of compliance.
Consequences of Non-Compliance
Warns that failure to comply may result in legal proceedings, including an application for injunction before the appropriate High Court or District Court in India, and a claim for damages.
IT Act 2000 & DPDPA 2023 Grounds
For digital or online violations, references the relevant provisions of the IT Act 2000 and DPDPA 2023 as additional legal grounds for the demand.
Without Prejudice Status
Notes whether the letter is sent without prejudice to all legal rights — preserving the sender's right to pursue all available remedies in Indian courts.
How to Create a Cease and Desist Letter in India
Follow these steps to prepare an effective cease and desist letter under Indian law.
- 1
Identify the Legal Basis
Identify the specific Indian statute or legal principle that the recipient's conduct violates — Copyright Act 1957, Trade Marks Act 1999, IPC, IT Act 2000, or the law of contract.
- 2
Document the Infringing Conduct
Gather evidence of the unlawful conduct — screenshots, copies of infringing material, records of communications, or other documentary proof.
- 3
Draft the Letter
Write the letter on official letterhead, clearly identifying the parties, describing the infringing conduct, citing the legal basis, and making a specific demand with a compliance deadline.
- 4
Send via Documented Channels
Send the letter by email with read receipt and by registered post or courier for a verifiable record of delivery. In serious matters, instruct an Indian advocate to issue the letter on their firm's letterhead.
- 5
Document & Preserve Evidence
Keep copies of the letter, proof of delivery, and any response from the recipient. If the recipient does not comply, this documentation supports an application for urgent injunctive relief before the appropriate Indian court.
Legal Considerations for Cease and Desist Letters in India
These are the key Indian legal points to consider before sending a cease and desist letter.
This template is for informational purposes only and does not constitute legal advice. Consult a qualified Indian advocate or legal practitioner for advice specific to your situation.
Reviewed for Indian law
Intellectual Property Enforcement in India
India has robust IP enforcement mechanisms. Copyright owners under the Copyright Act 1957 and trademark owners under the Trade Marks Act 1999 can seek urgent interlocutory injunctions from the relevant High Court to restrain ongoing infringement. The Delhi High Court and Bombay High Court have specialised IP benches and are experienced in granting urgent relief. A cease and desist letter is typically the first step before filing an IP infringement suit in India.
Online & Digital Infringement — IT Act 2000
The Information Technology Act 2000 provides remedies for online copyright infringement, cyberstalking (Section 67), morphing and fake profiles (Section 66E), and other digital wrongs. For content hosted online by intermediaries (social media platforms, websites), the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 create a take-down procedure. A well-drafted cease and desist letter to both the infringer and the platform intermediary is often the fastest way to remove harmful online content in India.
Defamation Under Indian Law
Defamation in India has both civil and criminal aspects. Criminal defamation under the Bharatiya Nyaya Sanhita 2023 (formerly IPC Section 499) can result in imprisonment. Civil defamation allows the aggrieved party to claim damages before the civil court. A cease and desist letter demanding removal of defamatory content and a public retraction can resolve many defamation disputes without litigation in India.
Risk of Groundless Threats
Under the Trade Marks Act 1999 (Section 142) and the Patents Act 1970, making groundless threats of legal proceedings for infringement can itself be actionable. An aggrieved party who receives a groundless threat may seek a declaration from the court that the threats are unjustified and claim damages. Cease and desist letters should only be sent where there is a genuine legal basis for the complaint.
Frequently Asked Questions
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