WikiFox

Cease and desist



A cease and desist letter is a document sent to an individual or business to stop allegedly illegal activity. The phrase "cease and desist" is a legal doublet, made up of two near-synonyms. The letter may warn that, if the recipient does not discontinue specified conduct, or take certain actions, by deadlines set in the letter, that party, i.e. the letter's recipient, may be sued.[1][2] When issued by a public authority, a cease and desist letter, being "a warning of impending judicial enforcement",[3] is most appropriately called a "cease and desist order".

Contents


Usage for intellectual property

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 holders' 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

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

2017

In 2017, a cease and desist letter sent by Netflix was noted by news outlets such as Fortune and Quartz for its humorous wording.[5]

The sign-off message broadcast by DWWX-TV (ABS-CBN Manila) before stopping all broadcasts at 7:52 pm (PST) in compliance with the NTC order because of franchise expiry on May 5, 2020.

2020

The Philippine National Telecommunications Commission issued a cease and desist letter ordering ABS-CBN to stop broadcasting on May 5, 2020, after its franchise expiry the day before (May 4, 2020). At 7:45 in the evening, ABS-CBN stopped its terrestrial broadcast. In compliance with the government order, ABS-CBN signed-off all of its radio stations and free television channels (Channel 2, DZMM, and MOR). The NTC gave ABS-CBN 10 days to explain why its assigned frequencies should not be recalled. On June 30, 2020, considering that Channel 43 was also included in the May 5, 2020 cease and desist letter issued by the NTC against ABS-CBN, the NTC and Solicitor General Jose Calida released two alias shutdown orders against Channel 43 on digital receiver ABS-CBN TV Plus and Sky Cable's nationwide satellite service Sky Direct.[6]

Donald Trump also sent a cease and desist letter to CNN asking them to retract a poll that showed him being 14 percentage points behind his opponent Joe Biden during the presidential election,[7] prompting The Atlantic to warn about such attacks on the media.[8]


See also


References


External links





Source


Information as of: 17.08.2021 12:03:53 CEST

Source: Wikipedia (Authors [History])    License of the text: CC-BY-SA-3.0. Creators and licenses of the individual images and media can either be found in the caption or can be displayed by clicking on the image.

Changes: Design elements were rewritten. Wikipedia specific links (like "Redlink", "Edit-Links"), maps, niavgation boxes were removed. Also some templates. Icons have been replaced by other icons or removed. External links have received an additional icon.

Please note: Because the given content is automatically taken from Wikipedia at the given point of time, a manual verification was and is not possible. Therefore WikiFox.org does not guarantee the accuracy and actuality of the acquired content. If there is an Information which is wrong at the moment or has an inaccurate display please feel free to contact us: email.
See also: Legal Notice & Privacy policy.