There are multiple definitions - click on the translation that matches your context.




cease-and-desist letter


Comparative law notes

This phrase is best used in an Intellectual property law where the two concepts are functionally almost identical.

Definitions of Abmahnung

a formal communication calling upon recipient to refrain from acting in an unlawful manner and warning the recipient that non-compliance could lead to legal action. The goal is avoid litigation and seek an out-of-court resolution. In Germany, the concept applies in various legal contexts (where injunctive relief is relevant and also in employment law where it has its own separate meaning). In Germany, the person sending the Abmahnung need not have standing to sue (which could lead to abusive practices), yet in certain contexts like intellectual property, there are a number of codified formal requirements. In US/UK, it is usually used only in an intellectual property context (but not always) and can include not just with a threat of litigation, but also an offer to license. In Germany, this letter is effectively a precondition to initiating legal action (sec. 314 (2) of the German Civil Code), while in the US it is not.

Definitions of cease-and-desist letter

a letter, usually from a lawyer, demanding that the recipient (=person who receives) stop some activity that is violating the rights of the client or sender

A cease-and-desist letter to the Children Services Independent Union demanded they stop making false statements.