Does Cease and Desist Mean Game Over?
Griffin, GA Geek Lawyer Handles Cease and Desist Letters and Orders
A cease and desist notifies a recipient that the sender’s rights have (allegedly) been violated and demands that the violation stop immediately. Issues that may be remedied via cease and desist orders or letters include copyright infringement, harassment, defamation of character, and various contract violations.
What is the Difference Between a Cease and Desist Order and a Cease and Desist Letter?
A cease and desist order is issued by a court or government agency and therefore has legal power, while a cease and desist letter is a request sent by an individual or a company. Although cease and desist orders and cease and desist letters require different responses from the recipient, neither should be ignored since doing so could result in the filing of a lawsuit.
Cease and Desist Orders
A cease and desist order places an injunction on someone, prohibiting them from engaging in activity that is considered suspicious, harmful, or illegal. Cease and desist orders can be either temporary or permanent, but both are legally binding and will remain in effect until the issue is resolved.
Cease and Desist Letters
A cease and desist letter reflects the opinion of the sender and is not legally binding but may have been sent to warn someone that legal action might take place if they don’t stop the activity within a set amount of time, typically 10-15 days.
Cease and Desist Examples
Cease and desist orders or letters are used to address the following situations:
- Misuse of intellectual property – Someone that copies another individual’s trademarked, copyrighted, or patented work without permission will likely receive a cease and desist letter or order.
- Harassment – A person who continually annoys or threatens another individual, including a debt collector, might be warned to stop via a cease and desist letter.
- Libel and slander – An individual who makes untruthful comments, either in print or verbally, about someone else that could hurt their reputation and business, that person could be the recipient of a cease and desist letter.
- Contract violations – When one party violates the terms of a contract, the other party might issue them a cease and desist letter or order warning them that of the breach and potential consequences.
Some people will ignore anything short of a cease and desist order from a court or government agency. However, if a cease and desist letter is ordered, the sender can file a lawsuit against the offender and use the letter as evidence that the sender was warned about the violation and chose to ignore the warning.
Think You Need a Cease and Desist Order? The Geek Lawyer Will Know for Sure
If someone is creating a toxic environment for you or your gaming business, the Geek Lawyer is ready to step up and defend your interests. To find out more about cease and desist orders and letters and whether you need one, call the Geek Lawyer in Griffin, GA at 404-253-5639 or CLICK HERE to send us a message.