Maybe its trademark infringement, copyright infringement, harassing phone calls or letters. This caused her to panic. A friend of mine is a musician not signed to any record label, and producing & marketing her own albums. All copyrightable aspects of [CLIENTS COPYRIGHTED WORK] are copyrighted under United States copyright law. Other names for a cease and desist letter include: Cease and desist . Very bad. I would recommend contacting law enforcement or hiring an attorney (which wont be cheap). You should send it to the individual or business in question via certified mail when you finish writing your letter. It helps a great deal when trying to handle things in your life. The letters are being signed with my name In Pen.This is causing confusion for my clients, as most are aware Thea I had moved dealerships, and I wonder how many scheduled to go in, only to be told, I was no longer there. Aaron; my sister has accused me and my deceased Father of sexual abuse which allegedly occurred 50 years ago, she never me about this allegation until 4 years ago, she recently told her Son, my nephew, who told his wife who told, on and on, I vehemently deny this ridiculous allegation, however, I am a public figure and Im afraid my reputation has been damaged as well as my relationship with some members of my family; can I send a cease and desist letter? Receiving a "cease and desist" letter from a lawyer can be stressful and sometimes confusing, and it's not always clear whether and how a person should respond. You can write your own Cease and Desist Letter without the assistance of an attorney. FAQ. I recently found out from an investigation that a law firm conducted that my previous employer was not giving me a good reference for potential employers. For additional information, feel free to see in the description below. These are typical examples where you want to send a cease and desist letter. (DATE) Dear Sir or Madam: This CEASE AND DESIST ORDER is to inform you that your harassing and intimidating actions against me has become unbearable. My full name, current home address, personal mobile number and email recently all come up in a bundle on a single website (whois) when I google myself, which I do every so often exactly for the reason that I dont want my personal info to be so easily obtained. If I issue a C&D letter, I know mgmt wont like it and other co-workers will hear about it and Im afraid of ramifications. Is that correct, and do you have any advice as I move forward? Further if they dont stop if I can take them to court for it. You asked about what type of attorney to seek. First, if this person had the intention of depriving you permanently of your property (money) then he/she is guilty of the Theft Act 1968 (in the U.K.). Mention the Details of the Parties. One of the cease-and-desist letter recipients was Vincent Weimer, former Ward 5 councilman whom Carbone-McDonald defeated in the November 2021 election. Legal Templates cannot and does not provide legal advice or legal representation. Perhaps you want to send a letter first on your own and then get an attorney involved if you need to. What kind of trademark infringement occurred? A cease and desist letter is used to stop an individual or entity from continuing a specified action. Cease and desist letter or something else? While these behaviors can happen anywhere, they most commonly occur in workplace settings between employees, for instance, or between an employee and a supervisor. The type of trademark you have will be an important factor in analyzing your situation. Her work has appeared in numerous online publications including USA Today, Legal Zoom, eHow Business, Livestrong, SF Gate, Go Banking Rates, Arizona Central, Houston Chronicle, Navy Federal Credit Union, Pearson, Quicken.com, TurboTax.com, and numerous attorney websites. You should simply tell the person to leave your home, and if the person wont leave, tell law enforcement that the person is trespassing and you want the person removed. You can file a lawsuit for libel or slander, or you can seek a restraining order from the court. Yes, anyone can send a cease and desist letter, but it has more weight when sent from a law firm because a letter from a law firm communicates that (1) the sender is very serious about taking legal action if the illegal conduct does not stop and (2) an attorney has determined that the conduct is illegal. So could you please give some light on how he should reply to this letter and what steps he should take to comply and get everything sorted without being in trouble? You are very generous. State law and the specific facts of your case will dictate how you must request the court and under what circumstances it may be granted. Now, why would you do this? I run a small business manufacturing packaged goods. If you gave them a deadline to respond or end the offending conduct, you should wait until this time has passed before taking further action. The client is a reputable freelance marketing rep and GoDaddy has taken this .com name and turned it into a Get a free {something youll never actually get} site with scam offers and the like. When someone tells you off privately with unfounded criticism, you can respond in kind or just walk away. Thank you. Bullying and threats are also considered forms of harassment. Can we do that without naming or outing the sources who have told us about what she is saying? Here are five ways that a Cease and Desist Letter can be used to stop an individual or a business from infringing on your rights. Additionally, he has put first and last names of employees on the site with false and libelous statements about them. When writing the letter, you must be clear about two things: There are several options to assist you in putting together a Cease and Desist Letter: While you dont need to be an attorney or expert to write and send a Cease and Desist Letter, hiring a lawyer can be especially beneficial if your case is complicated. Yes, a C&D is appropriate for a trademark infringement claim like you have here. Hi Aaron, Thank you in advance for your help. I am now in MN but was in NJ as a public school teacher from 2007 to 2012. So sometimes notice is an element in a legal issue, and so to that extent, a cease and desist letter can fulfill the notice requirement. This law firm represents [CLIENT NAME]. If you've explicitly requested to cease all communications with you, the debt collector must stop calling both you and your family. i even reported them to the BBB and nothing as been done..how can i get a lawyer to sue them as all efforts have been fraustrating.please reply asap, Hi thereI was wondering what could be done if a previous sub contractor that quit doing work for our Company because of a dispute is now using our projects that were designed by and paid for by our firm he was just a laborer but is posting our projects on his business cards and also his portfoliocan we send a cease and desist letter. The company is US based, and I have decided that it is in my best interest to pursue legal remedies including but not limited to an injunction to take take down the website from (a) the internet service provider and (b) the company of which distributes, publishes, and extorts my information on the internet. Thank you on behalf of my federal treasury agent associates. Still, its better to respond with a letter explaining your position and your reason for non-compliance. The illegal activity or behavior must cease. You should be able to recognize exactly who is responsible for the actions. Today were talking about cease and desist letters. I recently searched our business name on Google, and another graphic design business with exactly the same name, and located in the same state came up. That could mean that you have a. (an example would be through a music specific site, like ReverbNation.com/MyBandName that URL should legally belong to us because they are a band and thats a direct violation, correct?). I would be glad to partner with you on this (usual attorney rates apply). A cease and desist letter could be used for a contract. If you find an experienced copyright litigation attorney at a small law firm located near the company (defendant), you should be able to get a lawsuit started for much less than $10,000. Missing Persons. It is a cost-effective way, and usually the first step, in asking the recipient to stop a certain activity or risk legal action. So here is a question. c/o Shawn Meaike, CEO . I sent her a hard drive containing every file that she gave me to work with, along with a check for the total amount that she paid me to work for her (as she demanded I do in an email). I called the company today to schedule a pick up and immdediately the lady raised her voicemail and told me that I shouldnt have got the furniture if I didnt have a job and that I needed to pay. ignoring the letter (if you feel its not serious). These are criminal issues & police do not intercede. It may not be harassment, but it is illegal. A Cease And Desist Letter may need to be sent in a number of circumstances including: The following is a cease and desist letter template for those who are looking for a sample form to use as an example. Are you just asking them to stop? It identifies your brand and represents your product. If you know someone who lives near the person you need to serve, you can ask them to deliver the Cease and Desist letter for you. Thank you! A cease and desist letter is a cautionary letter sent to an alleged wrongdoer describing the alleged misconduct and demanding that the alleged misconduct be stopped. I am astounded at the volume of junk that is sent via USPS and very irritated at the verbiage used in these mailings specifically to scare the recipient into responding. I want to know if I can do something about this since its in print. The third option, a cease and desist letter, is something you can write yourself using an online template. If the collector is blatantly ignoring the cease communication request, send a final letter asking them to cease communication. Federal and state laws govern how debt collectors attempt to collect what is owed. Some things on the report speak of my mental and physical health, make purposely untrue statements about me and basically will turn off any potential employers from giving me a job. However, if there are damages, some sort of settlement payment may be negotiated between the parties to avoid litigation. I have requested that they take down any photos they have of me on a social network.