Law firms can issue cease and desist letters to potential defendants before the commencement of formal legal proceedings. Such letters usually contain demands to stop a continued breach or infringement and may request payment of damages. Ultimately, these letters aim to achieve the following objectives:

  1. Send a clear signal to the other party that you are serious about having your legal rights enforced.
  2. State your legal position in detail, with the aim of persuading the other party that your position is strong and sound.
  3. Strengthen your position by making it harder for the offending party to claim later that they acted in good faith, or that any violation on their part was unknown or unintentional.

Remember that these letters are not court summonses or orders, and they are quite inexpensive. As they are likely to help with the resolution of a matter, it is recommended that you ask advice from an experienced lawyer to draft a formal demand, laying out the consequences which would follow if your concerns are dismissed or not taken seriously enough.

A cease and desist letter is a close cousin of the letter of demand. The difference is mainly one of emphasis: a letter of demand usually asks for payment or performance, while a cease and desist letter asks for conduct to stop.

When to Send a Cease and Desist Letter

Although there are numerous situations where these letters may be used, there are some common scenarios where they are used most often, such as:

  • Infringement of copyright, trade marks, logos, or patents. A common example is where someone uses content that is plagiarised or attempts to capitalise on someone else’s brand name or logo. Our article on copyright infringement in Singapore explains the remedies available. For registered trade marks and patents, read the section on groundless threats below before sending anything.
  • Slander or libel. Slander means spreading defamatory allegations verbally, whilst libel refers to defamatory statements in written or other permanent form, which includes most material published online. This might include fake negative reviews written by competitors trying to destabilise your business, or any scenario where your reputation is damaged by someone. See our guide to defamation and slander.
  • Stalking and other types of harassment. A cease and desist letter can put a harasser on formal notice, and it may help to stop unsolicited and aggressive communications, for example from someone pursuing you over a debt. However, note that sending demands to people who are harassing or stalking you may provoke them into taking further, more adverse actions. In these cases, you should also consider the protection available under the Protection from Harassment Act, including protection orders and expedited protection orders from the Protection from Harassment Court, which has dealt with these matters since 1 June 2021. Our article on protection from harassment sets out the options.
  • Breach of contract. Contracts can be breached in a number of ways, whether of express or implied terms. Cease and desist letters can be used as a formal demand to the other party to stop the breach, for example a former employee or business partner acting in breach of a confidentiality or non-compete clause.
  • Encroachment of boundaries. This is common where, for example, a neighbour violates property lines. These letters are certainly not the recommended first step in cases involving a neighbour, but they can be used if your other attempts at raising concerns in a more informal way do not achieve the desired outcome.

What Information Should be Included?

In Singapore, there are no formal rules or requirements for the content of a cease and desist letter. However, they should be drafted according to certain guidelines around good legal practice, to ensure they are effective. As well as being written in clear legal language, a letter should include the following relevant information and statements:

  • Information about the sender, so the recipient and their lawyers know who to contact if they want to negotiate or send a reply;
  • Details of the recipient, including their correct name and address;
  • A description of the violation, for example, the thing that has been infringed, whether it is copyright, a boundary, reputation or privacy;
  • A demand to cease the violation, and where relevant to give written undertakings not to repeat it;
  • A summary of the legal grounds on which the demand is based, e.g. a trade mark registration certificate, or other proof of ownership of the rights which are being violated;
  • A description of what the subsequent legal proceedings will be if the recipient fails to comply;
  • Reservation of your rights, for example, your right to claim compensation for damages, and use further legal remedies even if the offending party corrects their infringement.

Be careful with threats over patents and trade marks

A cease and desist letter about intellectual property carries a risk that letters about most other disputes do not. Singapore’s Patents Act and Trade Marks Act contain “groundless threats” provisions. If you threaten someone with infringement proceedings and the threat turns out to be unjustified, the person aggrieved by it can sue you, and the court may grant a declaration that the threats are unjustifiable, an injunction against further threats, and damages.

Whether a letter amounts to a threat is judged objectively, so careful wording alone does not avoid the problem if the overall message is “stop or we will sue”. There are exceptions and defences. For example, merely notifying someone that a patent exists is not a threat, and the person making the threat can justify it by showing that the acts complained of do infringe. But the burden falls on the sender.

The practical point is that an IP cease and desist letter should be sent only once the infringement has been properly assessed, and it should be drafted with the groundless threats rules in mind. Our intellectual property team can review the position before a letter goes out.

How a lawyer can help

As we have seen, although the cease and desist letter seems like a private communication between two parties, in Singapore it should be prepared as a formal document, reflecting the true legal standing of both the sender and the recipient.

You may be able to find sample cease and desist letter templates, for example online, but it is often better to obtain professional legal advice. You may save money by drafting and sending the letter yourself, but remember that having the letter sent on your behalf, on paper with a law firm letterhead, can instantly add weight to your claim.

A further advantage to engaging a lawyer is that the recipient is likely to show your letter to their lawyer, who will study it and decide if you have grounds for your demands, and whether they are legitimate. It often helps to have the letter written by a legal professional as it ensures your statements are correct, avoids the pitfalls described above, and demonstrates to the recipient that you are fully prepared to take legal action if necessary.

Method of Sending a Cease and Desist Letter in Singapore

You should send the letter in paper form to give it a formal tone and have the desired effect on the recipient, although you may also send it by email, which is common and quick.

The most reliable way of sending the letter is by registered mail or courier, ensuring you get confirmation of receipt. If the matter later goes to court, such confirmation will benefit your case, because it demonstrates to the court that you tried to resolve the matter before filing your claim. Under the Rules of Court 2021, parties are expected to consider amicable resolution before starting a court action, and a clear, documented letter is part of showing that you did.

Following up on Your Demands

In an ideal world, once the recipient has received your letter they will stop their infringement and possibly give you compensation for the damages. However, in practice, this does not happen in every case, and if it doesn’t then you must take further steps quickly.

You should give the recipient reasonable time to correct their infringement, although most cease and desist letters will demand the infringement cease immediately. However, if you have heard nothing from the recipient after several days and the violation continues, it would be reasonable to conclude that they intend to ignore your demands.

If this happens, you must take the steps laid out in your letter regarding non-compliance. Depending on the dispute, that may mean starting a court claim and seeking an injunction to stop the conduct, or, in a harassment case, applying for a protection order. If they continue to violate and you do not follow it up with more action, then it will most likely worsen, as the perpetrator will think that you will not (or cannot) defend yourself. Delay can also weaken a later application for urgent relief such as an injunction.

Often, people will mistakenly think that follow up legal costs will be too high for them. Speak with your lawyer to explore the costs involved and make an informed decision on the best way to proceed.

Common questions

Is a cease and desist letter legally binding?

No. It is a formal demand, not a court order, and ignoring it is not in itself unlawful. What it does is put the recipient on notice, record your position, and set up the next step if the conduct continues.

What should I do if I receive a cease and desist letter?

Do not ignore it, and do not reply in anger. Keep the letter, check the deadline, and take legal advice before responding, particularly if it concerns intellectual property, because a letter that threatens infringement proceedings without justification may itself give you a claim.

Can I write a cease and desist letter myself?

You can, and there is no prescribed form. The risks are that a home-made letter overstates the claim, concedes something it should not, or, in a patent or trade mark matter, amounts to a groundless threat. A letter from a law firm also tends to be taken more seriously.

What is the difference between a cease and desist letter and a court injunction?

A cease and desist letter is a request from you. An injunction is an order of the court, and breaching it can be punished as contempt of court. If a letter does not stop the conduct, an injunction is often the next step.

Our civil litigation team drafts, sends and responds to cease and desist letters across the disputes described above.