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Cease and desist

A cease and desist letter is a document sent by one party, often a business, to warn another party that they believe the other party is committing an unlawful act, such as copyright infringement, and that they will take legal action if the other party continues the alleged unlawful activity. The letter may warn that, if the recipient does not discontinue specified conduct, or take certain actions, by deadlines set in the letter, the letter's recipient may be sued.[1][2] The phrase "cease and desist" is a legal doublet, made up of two near-synonyms. A cease and desist letter issued by a government entity, called a cease and desist order, is "a warning of impending judicial enforcement".[3]

"Cease and Desist" redirects here. For the Alice Glass song, see Cease and Desist (song).

Usage for intellectual property[edit]

Although cease and desist letters are not exclusively used in the area of intellectual property, particularly in regards to copyright infringement, such letters "are frequently utilized in disputes concerning intellectual property and represent an important feature of the intellectual property law landscape".[2] The holder of an intellectual property right such as a copyrighted work, a trademark, or a patent, may send the cease and desist letter to inform a third party "of the right holder's rights, identity, and intentions to enforce the rights". The letter may merely contain a licensing offer or may be an explicit threat of a lawsuit. A cease and desist letter often triggers licensing negotiations, and is a frequent first step towards litigation.[2]

Effects on recipients[edit]

Receiving numerous cease and desist letters may be very costly for the recipient. Each claim in the letters must be evaluated, and it should be decided whether to respond to the letters, "whether or not to obtain an attorney's opinion letter, prepare for a lawsuit, and perhaps initiate [in case of letters regarding a potential patent infringement] a search for alternatives and the development of design-around technologies".[2]


Cease and desist letters are sometimes used to intimidate recipients and can be "an effective tool used by corporations to chill the critical speech of gripe sites operators".[4] A company owning a trademark may send such letter to a gripe site operator alleging a trademark infringement, although the actual use of the trademark by the gripe site operator may fall under a fair use exception (in compliance with, in the U.S., the protection of free speech under the First Amendment).[4]

Notable cease and desist letters[edit]

2010s[edit]

Author Patrick Wensink used Jack Daniel's famous branding without licensing as a cover for his 2012 book Broken Piano for President. Jack Daniel's requested only future printings of the book to have the cover changed and offered compensation.


In 2017, a cease and desist letter sent by Netflix for an unauthorized Stranger Things-related bar event was noted by news outlets such as Fortune and Quartz for its humorous wording.[5]

, the equivalent of a cease and desist letter in German and Austrian law

Abmahnung

(formerly known as Chilling Effects), a collaborative archive to protect lawful online activity from legal threats such as cease and desist letters

Lumen

a national dispute in the Philippines regarding the ABS-CBN franchise renewal which involved a cease and desist letter

ABS-CBN franchise renewal controversy

Clameur de haro

Demand letter

Legal threat

Online Copyright Infringement Liability Limitation Act

(SLAPP)

Strategic lawsuit against public participation

—A joint project between the Electronic Frontier Foundation and several universities to monitor uses and abuses of intellectual property rights on the internet. Contains a database of cease-and-desist letters to which either senders or recipients can contribute.

Chillingeffects.org

Marti, Don (12 April 2002). . Linux Journal. Retrieved 4 May 2013.

"Google Begins Making DMCA Takedowns Public"