What is a cease and desist letter?
Q: What is a cease and desist letter?
A: A cease and desist letter is a document sent to an individual or business to stop attempted illegal activity ("cease") and not to restart it ("desist"). The letter may warn the individual or business that if they do not stop certain behaviour by deadlines set in the letter, then they may be sued.
Q: What is a cease and desist order?
A: A cease and desist order is when a cease and desist letter is issued by a public authority.
Q: How are cease and desist letters used for intellectual property rights?
A: Cease and desist letters are used to protect other issues related to intellectual property. The holder of an intellectual property right (i.e. either a copyrighted work, trademark, or patent) may send the cease and desist letter to tell a third party (i.e. an individual or business who is not related to the holder of the intellectual property right) that they are infringing on their intellectual property rights. The letter may contain either an offer to license the intellectual property or a very clear threat of a lawsuit.
Q: What happens when someone receives many cease and desist letters?
A: When someone receives many cease and desist letters, it will cost them large amount of money in order to manage them all as each claim must be evaluated individually before deciding how best sort out the situation - such as obtaining an attorney's opinion letter, preparing for potential lawsuit, making suitable alternatives which don't break any laws etc..
Q: Can corporations use these letters for online critical speech?
A: Yes, corporations can use these letters in order intimidate offending groups by sending them ceasing infringement notices even though their actual use of trademarks might fall under fair use exceptions which follows free speech protection under First Amendment in US law system .
Q: Is there any benefit from sending out this type of notice?
A: Yes , often times sending out this type of notice can lead both parties into licensing negotiations which could potentially avoid costly lawsuits down the line .
