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INFORMATION & RESOURCES FOR FREE EXPRESSION
'Cease and Desist!':
a guide to assessing & responding to
cease and desist letters
Step 2. Understanding legal claims in cease and desist letters.
Any analysis of a cease and desist letter should include close attention to the actual legal claims that the sender is making. See the glossary for explanations of what particular legal terms actually mean.
A letter that makes many different legal claims is not necessarily any stronger than a letter that makes only one: attorneys and rightsholders often draft "kitchen sink" letters, throwing in as many claims as they can come up with. Often, cease and desist letters include both copyright and trademark-related claims. Other claims may be unrelated to IP law — for example, defamation or invasion of privacy.
Potential IP- and Speech-Related Claims in Cease and Desist Letters
Next Step: Learn the potential consequences
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© and first publication: June 15, 2006
Last modified: June 11 2007.