Cease-and-desist

A cease and desist is an order or request to halt an activity (cease) and not to take it up again later (desist) or else face legal action. The recipient of the cease-and-desist may be an individual or an organization. Cease-and-desist letters are also known as "infringement letters" or "demand letters".[1]

Although cease-and-desist letters are not exclusively used in the area of intellectual property, such letters "are frequently utilized in disputes concerning intellectual property and represent an important feature of the intellectual property law landscape."[1] 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 holders' rights, identity, and intentions to enforce the rights."[1] The letter may merely contain a licensing offer, or may be an explicit threat of a lawsuit.[1] A cease-and-desist letter often triggers licensing negotiations, and is a frequent first step towards litigation.[1]

Receiving numerous cease-and-desist letters may be very costly for the recipient. Indeed, each claim in the letters has to be evaluated, it should be decided whether to answer 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."[1]

Cease-and-desist letters are sometimes used as well to intimidate their recipients, such as for example "as an effective tool used by corporations to chill the critical speech of gripe sites operators."[2] 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).[2]

See also

References

External links

  • 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.
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