Cease and Desist
The filing of a declaratory judgment lawsuit can follow one party sending a cease-and-desist letter to another. A party contemplating sending such a letter risks that the recipient, or a party related to the recipient (such as a customer or supplier), may file for a declaratory judgment in their own jurisdiction. This may require the sender to appear in a distant court, at their own expense. So sending a cease-and-desist letter presents a dilemma to the sender, as it would be desirable to be able to address the issues at hand in a candid manner without the need for litigation. Upon receiving a cease-and-desist letter, the recipient may seek a tactical advantage by instituting declaratory-judgment litigation in a more favorable jurisdiction.
Sometimes the parties agree in advance of discussions that no declaratory-judgment lawsuit will be filed while the negotiations are continuing. Sometimes a lawsuit is filed, but not served, before sending such a notice, to preserve a jurisdiction advantage without engaging the judicial process fully. Some parties send cease-and-desist letters that make "an oblique suggestion of possible infringement" to lower the risk of the recipient filing a declaratory-judgment lawsuit.
Read more about this topic: Declaratory Judgment
Famous quotes containing the word cease:
“Oh, the holiness of always being the injured party. The historically oppressed can find not only sanctity but safety in the state of victimization. When access to a better life has been denied often enough, and successfully enough, one can use the rejection as an excuse to cease all efforts. After all, one reckons, “they” don’t want me, “they” accept their own mediocrity and refuse my best, “they” don’t deserve me.”
—Maya Angelou (b. 1928)