Cease and desist injunctions are usually granted by a court of law. Essentially what precedes the cease-and-desist order is a cease and desist letter. The cease and desist letters serve as a request to an individual, party, or organization to stop an infringing action. The preliminary cease and desist letter is ideally seconded by the order when the recipient fails to abide by the letter. In sum, a government or court-issued injunction orders the recipient to stop any illegal or suspicious activity while they await legal action. So how does one get a cease and desist order across different states? We break down different scenarios to serve and enforce a cease and desist order in the following countries.
Canada Cease and Desist Ordinances
The Canadian ordinances have clear-cut guidelines on the filing and enforcing of cease and desist orders. Generally, there are four common goal types of cease and desist letters and court orders in Canada: Debt collection, Trademark, General, and Copyright Infringement. Most cease and desist orders are filed as a general aim at stopping harassment, slander, libel, slander, or neighborhood disputes (overstepped boundaries and property skirmishes). For a government agency or court to sign on your cease and desist order, one must prove the recipient’s ignorance of the preliminary letter issued to them.
In a sense, you, the sender, will have to prove that you dispatched the cease and desist letter, and the other party received it and consciously failed to respond. The court will also need to see the recipient’s disregard for the issued warnings; failure to discontinue actions or behavior stated in the letter.
Even with your claims for the injunction justified to the court, the Canadian jury will have to weigh in all the looming possibilities that come with the cease and desist order. In other words, the government agency will look at the balance of convenience- what follows if they approve or disapprove your request for a cease and desist order. There are instances where not granting a cease and desist order works in your favor.
In the UK, cease and desist orders aren’t unusual. Like Canada, the United Kingdom regards the cease and desist order as a consequential approach for non-compliance to the cease and desist letter. However, most individuals seek the court’s injunction to warn the opposing party of pending legal action. Statistically, more than half of the organizations filing for cease and desist orders in the United Kingdom follow up with a lawsuit. The UK code cancels out compliance with a cease and desist letter as a deterrent to legal action.
For a court of law to grant one’s request for a cease and desist order, you will not only have to prove an irreplaceable claim (damage) as well as a valid jurisdiction basis, but also the recipient’s non-compliance to the previously issued letter.
Most scenarios that call for the order to cease and desist action or behavior are based on infringement. Infringement which is a broad spectrum, could fall anywhere between theft of intellectual property to trademark and patent infringement. Furthermore, the United Kingdom laws extend the threshold of cease and desist orders to contract breaches, slander, defamation, libel, and debt collection that oversteps legal boundaries. If you’re considering filing for a cease and desist injunction, and your case ticks most of the factors mentioned above, then the UK code accords you eligible.
USA Cease and Desist Orders
The United States of America legislation regards cease and desist templates as a legal measure to stop a subject, business, or organization from harassing or infringing on an individual. The American jurisdiction accommodates two types of cease and desist documents; drafted letters and court-issued orders. Typically, the order has legal power as it is legally binding and issued by a court of law. The cease and desist letter, on the other hand, serves as a mere warning that legal action could follow upon failure to comply with the stated requests.
According to the federal law of the United States, one has to prove the viable reason for a cease and desist order. In addition to reason, there has to be unjustified non-compliance to the cease and desist letter served, as well as provable dates. Many people in the US file for cease and desist orders based on harassment, copyright infringement, and trademark or patent infringement. Harassment by American jurisdiction could be from debt collecting agencies, libel, defamation, or slander from an individual or party.
On the other hand, Infringement could fall anywhere between music copyrights, web content, audio, or visual creations. The United States law also accords for cease and desist orders over breach of contract for both the employer or employee; either the employer or employee is viable to file for a cease and desist order when they feel their rights have been violated.
The Australian federal code is adept when it comes to the protection of its citizens. The Australian ordinances regard the cease and desist documents as a precaution to stop any activity lest a legal proceeding follows. Essentially, cease and desist letters are the first attempt at settling disputes between two parties outside a court of law. However, cease and desist orders issued by the Australian court carry so much weight thus acting as a command to halt an action or behavior as one awaits legal proceedings.
In Australia, cease and desist injunctions are pretty standard, stating the other parties’ offensive actions regarding the state’s laws, a definite demand to cease their actions until the scheduled hearing, and a warning of the possible legal ramifications.
Similar to most states, Australian courts order a cease and desist on proof that the injured party is infringing on the accuser’s right. Infringing conduct by the Australian code could be copyright and trademark infringement. Apart from infringement, engaging in defamatory acts and behavior, and harassment could land you in a cease and desist predicament.
Any individual’s victim of libel, defamation, slandering, trespass, and breach of confidence are legally allowed to file for a cease and desist order. Non-compliance from the opposing party calls for enforcement of the cease and desist request by the Australian court of law.
Although both cease and desist letters and orders differ in their nature and legal power, they both serve a similar purpose- an attempt to halt any behavior or actions classified as offensive. Cease and desist documents, especially court-ordered injunctions, carry great legal weight and repercussions. So, if you are in a legal middle that has you serving or receiving a cease or desist order, reaching out for legal counsel is the best way to go. Sitting out on your cease and desist order will only regenerate a bigger mess; call your attorney or dig up online to find the best possible advice on cease and desist orders.
If you would like to know more about your rights and are interested in reading more, check out our How-To category articles.
About The Author: Michael is an aspiring lawyer who likes to spend his free time researching different topics of law, especially about what is legal and what is not. He enjoys reading articles, watching documentaries, and attending lectures to become more informed about the law. He hopes that one day he will be able to use this knowledge to help people in need. Michael also has a passion for writing which led him to pursue journalism as his minor in college.
Through his studies, he has learned how to write professionally with clarity and precision. He is currently writing a novel about the life of a young lawyer who fights for justice in a world that is filled with corruption. Michael hopes to use his skills in writing and researching to pursue a career as an attorney one day. In addition, he also volunteers at legal aid clinics to gain more experience. From this volunteering experience, he has been able to help people better understand their rights and the legal system.
Michael is a dedicated individual with a passion for law and writing, and these qualities make him an excellent candidate for any legal field. He is eager to use his skillset to prove himself as a lawyer in order to contribute in making the world a better place.