General Cease and Desist Notice

What is a Cease and Desist Letter?

A Cease and Desist Letter is a letter sent to an individual or business that is engaging in unwelcome or illegal behaviour. The letter acts as a formal request that the recipient stop ("cease") and not continue ("desist") this behaviour. If the recipient of the letter fails to comply with these demands, the sender should be prepared to take further legal action to stop the behaviour that is harming or interfering with the sender's rights and abilities to conduct business. This letter may be used as a first warning to the recipient.

What is the difference between this General Cease and Desist Notice, a Copyright Infringement Cease and Desist Letter, and a Trademark Infringement Cease and Desist Letter?

This General Cease and Desist Notice may be used for a wide range of matters.

On the other hand, a Copyright Infringement Cease and Desist Letter and a Trademark Infringement Cease and Desist Letter are more specific and may be used for copyright or trademark infringement matters respectively.

Is it mandatory to have a General Cease and Desist Notice?

No. But a General Cease and Desist Notice provides a useful structure to enable the sender to outline their concerns in a clear and direct manner. Many people find that it is an effective way to get the relevant behaviour to stop.

In addition, if the matter ever proceeds to court, then in many cases, the court will want to consider the past conduct of the parties, and whether there have been any attempts to resolve the matter outside of court. If the sender is able to show that they sent a General Cease and Desist Notice but it was ignored, the court may take this into account when determining how reasonable and cooperative each party has been.

What has to be done once a General Cease and Desist Notice is ready?

Once the letter has been completed, it should be signed, dated and sent to the individual or business that has been conducting the offensive behaviour.

It is a good idea to use a delivery method that enables the sender to confirm that it has been received by the other party, for example, by registered post and/or by email with a read receipt.

If the matter ever proceeds to court, the sender will want to be able to show that the other party actually received the letter.

Which documents should be attached to a General Cease and Desist Notice?

It is not mandatory to attach anything to this General Cease and Desist Notice. However any relevant evidence of the offensive behaviour can be attached. For example, many users choose to attach photographs, screenshots or other relevant documents. This can help the other party understand what behaviour the sender is referring to. It can also show the other party that the sender already has evidence of the offensive behaviour so they are ready to take further action if it does not stop.

What must a General Cease and Desist Notice contain?

A General Cease and Desist Notice includes the following basic elements:

• Sender: an individual or business who is requesting that a behavior stop
• Recipient: an individual or business who is being asked to stop a behavior
• A detailed description of the offending behaviour and the negative effects the behaviour has had
• A warning that legal action will result if the offending behaviour does not stop
• A deadline by which the offending behaviour must stop or else further legal action will be taken

Which laws are applicable to a General Cease and Desist Notice?

There are no laws outlining what must be included in a Cease and Desist letter. However, best practices dictate that a Cease and Desist Notice include a detailed description of the offending behaviour and a clear demand that the behaviour stop or else legal action will be taken.

If the matter ends up in court, a Cease and Desist Notice can be used to show that the Defendant was put on notice about their offending behaviour, so the more detailed the letter, the better.

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