Cease and desist (also called C & D) is a legal term essentially meaning "halt" or "end". It is used in demands for a person or organization to permanently stop doing something (to cease and desist from doing it). This is a list of legal terms with short definitions. ...

The term is used in two different contexts: A cease-and-desist order can be issued by a judge or government authority, and has well-defined legal meaning. A cease-and-desist letter can be sent by anyone, although typically they are drafted by a lawyer. A judge or justice is an official who presides over a court. ... English barrister 16th century painting of a civil law notary, by Flemish painter Quentin Massys. ...

Cease-and-desist letters

A cease-and-desist letter is a letter demanding that the recipient stop continuing a certain behavior. The behavior in question can include publishing materials or making statements that the letter's sender considers copyright infringement, trademark infringement, patent infringement, slander, or libel. The letter typically threatens legal action if the recipient continues to publish the materials in question or make statements similar to the ones in question. It is similar in form, although not in function, to a demand letter, which alerts the recipient to a pending claim for money damages, usually as a result of a tort or a breach of contract. Copyright infringement (or copyright violation) is the unauthorized use of material that is protected by intellectual property rights law particularly the copyright in a manner that violates one of the original copyright owners exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make... Trademark infringement is a violation of the exclusive rights attaching to a registered trademark without the authorisation of the trademark owner or any licensees (provided that such authorization was within the scope of the license). ... The examples and perspective in this article or section may not represent a worldwide view. ... In English and American law, and systems based on them, libel and slander are two forms of defamation (or defamation of character), which is the tort or delict of making a false statement of fact that injures someones reputation. ... In English and American law, and systems based on them, libel and slander are two forms of defamation (or defamation of character), which is the tort or delict of making a false statement of fact that injures someones reputation. ... A letter stating a legal claim (usually drafted by a lawyer) which makes a demand for restitution, owing to the recipients alleged breach of contract, or for a legal wrong. ... Tort is a legal term that means civil wrong, as opposed to a criminal wrong. ... Breach of contract is a legal concept in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other partys performance. ...

There have been criticisms from civil liberties and free speech groups that cease-and-desist letters may be used by wealthy individuals and corporations to bully their less-monied opponents into silence, as many people will comply with even an unjustified cease-and-desist letter due to their unwillingness to engage in an expensive lawsuit. Such groups call this a chilling effect on free speech. Civil liberties is the name given to freedoms that protect the individual from government. ... Freedom of speech is the right to freely say what one pleases, as well as the related right to hear what others have stated. ... A chilling effect is a situation where speech or conduct is suppressed or limited by fear of penalization at the hands of an individual or group. ...

In the US, a recipient of a cease-and-desist letter put in a "reasonable apprehension" of litigation may respond through a request for declaratory judgment proceeding in his own jurisdiction. A declaratory judgment is a judgment of a court which declares what rights each party in a dispute should have, but does not order any action or result in any legal damages. ... In law, jurisdiction (from the Latin jus, juris meaning law and dicere meaning to speak) is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area...

A Cease and Desist Letter can also be drafted by a person who is being continually harassed and/or intimidated by an individual or a group.

Court orders

A cease-and-desist order is an order from a judge or government ordering a halt to an illegal activity. This prohibition is sometimes done as the outcome of a trial, in which case it is a permanent injunction against the activity, and sometimes done as an emergency measure to prevent possibly irreparable harm, in which case it takes the form of a temporary injunction. An injunction against speech issued before it occurs (e.g. preventing a pending publication) is called prior restraint. A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties before the court and requires or authorizes the carrying out of certain steps by one or more parties to a case. ... A judge or justice is an official who presides over a court. ... An injunction is an equitable remedy in the form of a court order that either prohibits or compels (enjoins or restrains) a party from continuing a particular activity. ... An injunction is an equitable remedy in the form of a court order that either prohibits or compels (enjoins or restrains) a party from continuing a particular activity. ... Prior restraint is a legal term referring to a governments actions that prevent materials from being published. ...

Administrative agencies

Many government administrative agencies also have the ability to issue cease and desist orders. Government agencies frequently issue cease and desist orders to halt the sale of unregistered or fraudulent securities, to halt unsafe banking practices, and to enforce licensing statutes. Frequently, these orders will contain a period of time for the subject of the order to request a hearing. If a hearing is not requested, the cease and desist order will become final and the agency will be able to enforce its order in a court of law. Security is a type of transferable interest representing financial value. ...

See also

• Strategic lawsuit against public participation (SLAPP)

A Strategic Lawsuit Against Public Participation (SLAPP) is a form of litigation filed by a large corporation or in some cases an individual plaintiff, to intimidate and silence a less powerful critic by so severely burdening them with the cost of a legal defense that they abandon their criticism. ...

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.
• Fair Use Network - An informational resource for recipients of cease and desist letters.
• Google Begins Making DMCA Takedowns Public - Popular search engine Google now responds to cease and desist orders in cooperation with Chilling Effects [1].
• Legal threats against The Pirate Bay - Popular bittorrent tracker The Pirate Bay publishes cease and desist letters sent from certain companies and their responses.
• How to write a Cease & Desist Letter from the University of Texas System - A template for writing your own cease & desist letters.