Cease & Desist Defined

Kwa'mutsun Nation State
FOUNDING STATEMENT - CHARTER -  CONSTITUTION

Interpretations Of Instructions To Cease & Desist

HRM Stitumaatulwut Hwuneem Absolute Monarchy
  1. Absolute Monarchy  (a) Hwuneem Dynasty (b) Holy See
  2. Nation State within the Absolute Monarchy
  3. Constitutional Monarchy 
  4. Customary Law : Salish Customary Law : International Salish Law (Bangledesh) : RHM Hwuneem (Ruby Peter : Hul'qumi'num' : Healing : Prayers) : Dr Brian Thom : Protection Of Salish Intellectual Properties
  5. Birth CertificateRedemption (Injunction)
  6. Parliamentary Supremacy
  7. UN International Law Commission
  8. Injunctive Relief

  1. Cease & Desist : Related Terms: Without Prejudice , Demand Letter
  2.  : More properly called a demand letter.
    Such a letter, which is usually signed and dated in the event it is needed later as evidence, demands of the recipient that he, she or a corporate entity, stop and do not resume (cease and desist or terminate absolutely)certain actions which, the letter alleges, asserts legal rights not belonging to the recipient or belonging to other parties; usually the signatory or the principal of the signatory.
    A person whose legal rights are being used without authority may opt to litigate immediately but a cease and desist letter can achieve several tactical purposes. First of all, it may stop the illegal misuse of legal rights and if not much damages have been caused, there may then be no need to litigate. Secondly, it publicizes the author's rights preventing the person whom it is alleged is in violation of the author's rights to state that she was unaware of the assertion of legal rights. Thirdly, it often invites the person alleged to be in violation of legal rights to assert on what basis they do so.

    REFERENCES:

  3. Duhaime, Lloyd, Legal Definition of Demand Letter
  4. Duhaime, Lloyd, Legal Definition of Without Prejudice

Wikipedia Encyclopaedia
A cease and desist letter, also known as "infringement letter" or "demand letter," is a document sent to an individual or business to halt purportedly-unlawful activity ("cease") and not take it up again later ("desist"). The letter may warn that if the recipient by deadlines set in the letter does not cease and desist specified conduct, or take certain actions, that party may be sued.[1][2]
Although cease and desist letters are not exclusively used in the area of intellectual property, 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."[2] 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]
Receiving numerous cease and desist letters may be very costly for the recipient. Each claim in the letters has to be evaluated, and it should be decided whether to answer 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."[3] 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).[3]
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