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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 case of letters regarding a potential patent infringement] a search for alternatives and the development ...
The order of the words cannot be reversed, as it would be seen as particularly unusual to ask someone to desist and cease or to have property owned clear and free, when these common legal phrases are universally known as cease and desist and free and clear.
A cease and desist (C&D) letter is a formalized legal demand that a party stop ("cease") and refrain ("desist") from an activity that the demanding party finds objectionable, generally couched in formal language accusing the activity of violating the law.
The filing of a declaratory judgment lawsuit can follow the sending by one party of a cease-and-desist letter to another party. [6] A party contemplating sending such a letter risks that the recipient, or a party related to the recipient (i.e. such as a customer or supplier), may file for a declaratory judgment in their own jurisdiction, or sue for minor damages in the law of unjustified threats.
In the fall of 2012, the CPUC issued a cease-and-desist letter to Uber, Lyft, and Sidecar, and fined each $20,000. [279] However, an interim agreement was reached in 2013 reversing those actions. [280] In June 2013, Lyft, Uber and Sidecar were served with cease and desist letters by the Los Angeles Department of Transportation. [281]
Fan games that reuse or recreate Nintendo assets also have been targeted by Nintendo typically through cease and desist letters or DMCA-based takedown to shut down these projects. [28] Full Screen Mario, a web browser-based version of Super Mario Bros., was shut down in 2013 after Nintendo issued a cease and desist letter. [29]
In addition, if an actor subject to a cease and desist order violates the Commission's final and in-effect order to cease and desist engaging in an unfair or deceptive act or practice, the enjoined actor is automatically liable for a civil penalty up to $10,000 per violation, the amount of which is to be determined by a district court. [24]
If this formal request is made by an attorney, then it is similar to a cease-and-desist letter (but not a cease-and-desist order, which in turn is similar to a einstweilige Verfügung in German law). Anyone who is harmed by the offending action and thus has an Unterlassungsanspruch can send an Abmahnung.