Think Cease and Desist Letters Need to Be Scary? Think Again.

Sleight Law gets asked all the time about cease and desist letters. What language should be included in them? How powerful are they really? Is it worth having an attorney send a really intimidating one to the business that’s giving you trouble?

In this video, sales expert Adam Hyde from the @Revenue team joins Sleight Law’s attorney Joey Vitale to unpack the real power of cease and desist letters.

Adam makes a lot of great points here. Most people think that cease & desist letters need to be scary. The problem is—scary doesn’t always work, and it can even backfire.

A great recent example is a cease and desist letter that came from Netflix. As Adam explains, a local Chicago popup created a pop-up experience inspired by the Netflix smash hit, Stranger Things. In response, Netflix sent a letter stating as follows:

Danny and Doug,

My walkie talkie is busted so I had to write this note instead. I heard you launched a Stranger Things pop-up bar at your Logan Square location. Look, I don’t want you to think I’m a total wastoid, and I love how much you guys love the show. (Just wait until you see Season 2!) But unless I’m living in the Upside Down, I don’t think we did a deal with you for this pop-up. You’re obviously creative types, so I’m sure you can appreciate that it’s important to us to have a say in how our fans encounter the worlds we build.

We’re not going to go full Dr. Brenner on you, but we ask that you please (1) not extend the pop-up beyond its 6 week run ending in September, and (2) reach out to us for permission if you plan to do something like this again. Let me know as soon as possible that you agree to these requests.

We love our fans more than anything, but you should know the Demogorgon is not always as forgiving. So please don’t make us call your mom.

This response was amazing, and Netflix has received a lot of praise for it. Let’s unpack why.

As you may know, companies like Disney received quite a bit of backlash in the past for going after smaller businesses. They didn’t just avoid a social media landmine—they leveraged that virality to make them an even more endearing brand.

“You’re obviously creative types, so I’m sure you can appreciate that it’s important to us to have a say in how our fans encounter the worlds we build.” That is such a masterfully crafted sentence. There are lots of fan-fiction-inspired small businesses out there, and many of them struggle with how to create products and services while respecting the rights of their inspirations. Sometimes those limitations can seem unfair. This sentence put the perspectives of companies like Netflix into context—without making them seem like large, mean businesses who punish their fans.

I didn’t know it was possible. But I love Netflix even more now.

Watch the video above to listen to Adam and I unpack these points. Also, Adam ends our interview with his pro-tips of Halloween flicks to catch this season.