Letter stop and stop are documents sent to individuals or businesses to stop activities that are considered illegal ("stop") and not restart ("stop"). The letter may warn that if the recipient does not terminate the prescribed behavior, or take a specific action, by the deadline set out in the letter, that party may be prosecuted. When issued by a public authority, the letter stops and stops, a "warning of law enforcement," best termed "stop and stop orders".
Although stop and stop letters are not exclusively used in the field of intellectual property, such letters are "often used in intellectual property disputes and represent important features of the intellectual property law landscape". Holders of intellectual property rights such as copyrighted works, trademarks or patents, may send a stop and stop mail to inform third parties "rights holders' rights, identities and intent to enforce rights". The letter may only contain a license offer or may constitute an explicit threat from the lawsuit. The stop and stop letters often trigger licensing negotiations, and it is the first step that often leads to litigation.
Receiving many stop and stop letters may be very expensive for the recipient. Every claim in the letters should be evaluated, and it must be decided whether to respond to the letters, "whether or not to obtain a lawyer's statement, prepare for a lawsuit, and possibly start [in case of letters regarding potential patent infringement.] and development of design-around technologies ".
Stop and stop letters are sometimes used to intimidate recipients and can be "effective tools used by companies to cool critical operator operators of embezzlement". Companies with a trademark may send the letter to the operator of the complaint site alleging the trademark infringement, even if the actual use of the trademark by the operator of the embezzlement site may fall under the fair use exception (in accordance with, in the US, the protection of freedom of speech under the Amendment First).
Video Cease and desist
See also
- Abmahnung , equivalent to a stop and stop letter in German and Austrian law
- Clameur de haro
- Request letter
- Legal threats
- Lumen (formerly known as Chilling Effects), a collaborative archive to protect legitimate online activity from legal threats like pausing and deleting letters
- Copyright Limits on Online Copyright Infringement Act
- Strategic demands on public participation (SLAPP)
Maps Cease and desist
References
External links
- Chillingeffects.org - A joint project between the Electronic Frontier Foundation and some universities to monitor the use and misuse of intellectual property rights on the internet. Contains a stop and stop letter database that can be contributed by the sender or recipient.
- Marti, Don (April 12, 2002). "Google Starts Making DMCA Public Takedowns". Linux Journal . Retrieved May 4 2013 .
Source of the article : Wikipedia
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