ceaseanddesist

A cease-and-desist, or cease-and-desist letter, is a document sent to an individual or organization demanding that they stop alleged illegal or infringing activity and refrain from repeating it. It is a form of formal notice, not a court order, and is often used as a first step to resolve disputes without litigation.

The letter may be used in contexts such as copyright and trademark infringement, patent violations, breach of contract, harassment, privacy violations, or nuisance. It identifies the sender and recipient, describes the allegedly unlawful conduct, cites legal rights or contractual obligations, and specifies the actions required to remedy the situation. It typically includes a deadline for compliance and may offer remedies such as destruction of infringing materials, monetary settlements, or an accounting of profits. It may warn that failure to comply could lead to legal action, including injunctive relief or damages.

This instrument creates a record of notice and can be used as evidence in later proceedings. However, it does not by itself authorize immediate legal coercion and may not be enforceable as a court order without a lawsuit. The tone and accuracy of the claims matter, and parties are generally advised to seek legal counsel. Recipients may comply, negotiate a settlement, dispute the allegations, or ignore the letter, potentially prompting litigation.

Typical practice emphasizes proportionality and accuracy to avoid misrepresentation or harassment claims. Jurisdictional rules vary, and the specific procedures for enforcement depend on local law and the context of the dispute.