Product Code Database
Example Keywords: the legend -cap $68
   » » Wiki: Cease And Desist
Tag Wiki 'Cease And Desist'.
Tag

Cease and desist
Search for cease desist
 ( ) 

 C O N T E N T S 
Rank: 100%
Bluestar Bluestar Bluestar Bluestar Blackstar
  1. Wiki
  2. Comments
  3. Media

A cease and desist letter is a document sent by one party, often a , 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.Gold, Michael Evan. An Introduction to Labor Law, p. 17 (Cornell University Press, 1998). The phrase "cease and desist" is a , 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".

(1980). 9780814315132, Wayne State University Press. .

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". The holder of an intellectual property right such as a work, a , or a , 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 negotiations, and is a frequent first step towards .

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 a search for alternatives and the development of design-around technologies."

Cease and desist letters are sometimes used to recipients and can be "an effective tool used by corporations to chill the critical speech of operators". A company owning a 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).

Notable cease and desist letters
United States
To prevent genericizing and potential loss of its , has discouraged use of the word as a verb, particularly when used as a for general web searching. On February 23, 2003, Google sent a cease and desist letter to Paul McFedries, creator of Word Spy, a website that tracks . In an article in The Washington Post, Frank Ahrens discussed the letter he received from a Google lawyer that demonstrated "appropriate" and "inappropriate" ways to use the verb " google".

Author 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 September 2012, , TripIt and MileWise received a number of cease and desist letters from American Airlines, Delta, United Airlines and Southwest Airlines, demanding that companies discontinue accessing their websites for tracking clients' miles rewards programs.

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

sent a cease and desist letter to asking them to retract a poll that showed him being 14 percentage points behind his opponent during the presidential election, prompting to warn about attacks on the media.

In 2021, 's platform issued a significant number of cease and desist notices to the creators of various music bots on , such as Rythm and Groovy. These music bots allowed users to request songs and have the bot create a queue. This was done by pulling the audio stream from various and video platforms, including YouTube, and then played that audio on the Discord voice channel. Because such music bots did not play any of the advertisements included on the video-hosting site, the company alleged missing revenue for itself and the content uploaders. A spokesperson for Google told that Groovy violated YouTube's terms of service for "modifying the service and using it for commercial purposes". The makers of Groovy had decided to comply with Google's request by shutting down the bot on August 30, 2021. According to estimations, the bot had more than 250 million users.

In 2022, issued a letter of cease and desist to the creators of Club Penguin Rewritten, a game that was created as a remake of after its shutdown on March 31, 2017.

issued a letter of cease and desist to the creators of , an Android app developed as a third-party modification of YouTube. The app, which utilizes apk (file format), allowed its users to skip advertisements, among other functions. Since March 13, 2022, the app has been discontinued, with all links being removed.

issued a letter of cease and desist to the creators of Yuzu, a video game console emulator for the |title=Nintendo’s Yuzu Lawsuit Aims to Pour Banana Peels Over All Emulators |work= |date=28 February 2024

Philippines
The National Telecommunications Commission administered a cease and desist order against to stop broadcasting on May 5, 2020, after its franchise expired the day before (May 4, 2020). At 7:52 pm (PHT), ABS-CBN stopped its broadcast in compliance with the NTC's letter, signing off all of its free TV and radio stations across the country (, S+A Channel 23, , and ). The said agency also gave ABS-CBN ten days to explain why its assigned frequencies should not be . On June 30, 2020, considering that Channel 43 was also included in the May 5, 2020 shutdown order issued by the NTC against ABS-CBN (although ABS-CBN CEO Carlo L. Katigbak insisted that it is part of their blocktime agreement with AMCARA Broadcasting Network), the NTC and Solicitor General released two alias cease-and-desist orders against Channel 43 on digital TV receiver ABS-CBN TV Plus and Sky Cable's nationwide satellite service to cease further operations.

On January 22, 2024, the National Telecommunications Commission issued a cease-and-desist order to Sonshine Media Network International, citing its failure to comply with the original 30-day suspension order issued by the said agency.

See also
  • , the equivalent of a cease and desist letter in German and Austrian law
  • Lumen (formerly known as Chilling Effects), a collaborative archive to protect lawful online activity from legal threats such as cease and desist letters
  • Clameur de haro
  • Online Copyright Infringement Liability Limitation Act
  • Strategic lawsuit against public participation (SLAPP)

External links
  • Chillingeffects.org—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.

: ,
Page 1 of 1
1
Page 1 of 1
1

Account

Social:
Pages:  ..   .. 
Items:  .. 
Click to view the UPC Scavenger App on google play.

Navigation

General: Atom Feed Atom Feed  .. 
Help:  ..   .. 
Category:  ..   .. 
Media:  ..   .. 
Posts:  ..   ..   .. 

Statistics

Page:  .. 
Summary:  .. 
1 Tags
10/10 Page Rank
5 Page Refs
1s Time