Cease and desist facts for kids

A cease and desist letter is a special letter sent to a person or a business. It tells them to immediately stop doing something that is causing harm or is against the law. It also warns them not to start doing it again.

This letter often says that if they don't stop by a certain date, they might face legal action. Sometimes, the letter also tells them what they need to do to avoid being sued. When a government authority sends this type of letter, it's called a "cease and desist order."

Cease and desist letters are often used to protect creative works and ideas. This is known as intellectual property. For example, if someone owns the rights to a song, a brand name, or an invention, they might send this letter. It tells another person or business that they are using their protected work without permission. This is called "infringing" on their rights.

The letter might offer a way for the other party to use the protected work legally, often for a fee. Or, it might clearly warn them about a lawsuit if they don't stop. These letters often lead to talks about how the work can be used fairly. They are usually the first step before a legal case begins.

Why are these letters sent?

Protecting creative work and ideas

One main reason for sending a cease and desist letter is to protect intellectual property. This includes:

• Copyright: This protects original creative works like books, music, movies, and art.
• Trademark: This protects brand names, logos, and slogans that identify products or services.
• Patent: This protects new inventions and discoveries.

If someone uses another person's copyrighted work, trademark, or patented invention without permission, they are "infringing" on those rights. The letter tells them to stop.

Stopping unfair actions

Sometimes, these letters are used to stop other unfair or harmful actions. For example, they might be sent to stop someone from:

• Making false statements about a business.
• Harassing someone online.
• Using someone's name or image without permission.

The goal is always to make the person or business stop the harmful activity.

What happens if you get one?

If a person or a group receives many cease and desist letters, it can be very costly. Each claim in the letters needs to be carefully looked at. The person or group who gets the letter must decide what to do next.

They might need to get advice from a lawyer. They might also need to prepare for a possible lawsuit. Sometimes, they will have to find new ways to do things that do not use the protected work of others.

Are these letters always fair?

Sometimes, cease and desist letters can be used to scare people. Large companies might send them to try and stop people from criticizing them online.

For example, a company might send a letter saying someone is using their trademark unfairly. However, the way the person is using the trademark might actually be allowed under something called "fair use." Fair use allows limited use of copyrighted material without permission, often for things like criticism, news reporting, or teaching. In the U.S., this is protected by the First Amendment, which protects free speech.

Related pages

• Abmahnung, a similar letter used in German and Austrian law
• Demand letter
• Legal threat
• Strategic lawsuit against public participation (SLAPP)

Images for kids

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  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.

See also

In Spanish: Cese y desista para niños