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Category: Litigation & Dispute Resolution

Cease and Desist

A formal written demand ordering a person or entity to stop a specified activity and refrain from repeating it, often serving as a precursor to legal action.

What Is a Cease and Desist? A cease and desist letter is a formal written notice demanding that the recipient immediately stop (cease) an alleged illegal or harmful activity and not resume it (desist). While not a legal filing, a cease and desist letter serves as an official warning that legal action may follow if the behavior continues. These letters are commonly used in intellectual property disputes, harassment cases, and contractual violations. ## Common Uses - Trademark or copyright infringement - Patent violations - Defamation or slander - Harassment or stalking - Breach of contract or non-compete violations - Debt collection disputes ## Legal Effect A cease and desist letter does not carry the force of a court order, but it serves several important functions: it puts the recipient on formal notice of the alleged violation, establishes a timeline of events, demonstrates the sender's intent to protect their rights, and can be used as evidence of the recipient's knowledge in future litigation. Recipients should take these letters seriously and consult an attorney, as ignoring a legitimate cease and desist can result in a lawsuit and potentially higher damages.