Trademark rights are established by using a mark in commerce (advertising, having sales, etc.). I was wondering if a cease and desist letter could be sent to the sorority to have them take down my account? We do not want people searching our band name and finding anyone besides us. Today were talking about cease and desist letters. Could you tell me if a C&D is an appropriate action for this situation? Usually, compliance with a cease and desist letter is sufficient. Another business with a similar name (also trademarked, but under different categories from my type of business) just sent me a cease and desist letter giving me 14 days to stop using my registered name. Our fee for a one-hour meeting is $290. Creating a Cease and Desist Letter puts you in control and may help you prevent any further illegal action. These people did not have a .com address (it was a WordPress url), nor were they listed as a registered business in my state. . There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. This letter is an official notice to the person in violation and lets them know they are engaging in the illegal use of a property. Very bad. I have reported her to mgmt/owner several times but the owner informed me she never addressed this person because its hearsay. If you need to make it extra formal, you can hire a lawyer to hand-deliver it on your behalf. 80 Norwich New London Turnpike . It is necessary to outline the false misinformation, establish that it is untrue, document how you know it has been spread, and outline the damages you expect to suffer if the defamation continues. It also has a practical effect of trying to resolve a conflict. Aaron, A cease and desist letter is a written notice demanding the recipient to stop the behavior immediately and signals the potential for further penalties. The letter indicates that you are asking them to stop the conduct or otherwise alter their actions. Recipient. A cease and desist letter can help in many situations. can they do this? Technically they do not have there name or business registered in the state and my company IS registered under that name. CEASE AND DESIST ALL COPYRIGHT INFRINGEMENT. When a company or individual owns the copyright to a protected work, there is substantial value in guarding its use. Re: Earnings Claims Related to Coronavirus Disease 2019 (COVID-19) Dear Mr. Meaike, This is to advise you that FTC staff has reviewed social media posts made by Family Can we do that without naming or outing the sources who have told us about what she is saying? You should consult with an attorney in your jurisdiction for the law there. A cease and desist letter is just what it sounds like - a letter. If youre preparing and sending a Cease and Desist Letter yourself, you should do so via certified mail. Really, a cease and desist letter should state the type of illegal activity thats occurring, the reason its illegal, so the contract or the law that establishes its illegal, and then where do we go from here? Breach of Contract can also play a part,but, you will have to prove that there was a contract to begin with. Who should send it? I run a small business manufacturing packaged goods. If you do, then you should consider requesting a restraining or protective order (or whatever it's called in your jurisdiction), and ask the court to set a minimum distance for the perso. Mention the Details of the Parties. The document above is a sample. Yes, a cease and desist letter is certainly an available option for your situation. Help! It is cheap and relatively easy, but it isn't always effective. Cease and desist letters are sent when someone wants another party to cease their illegal activity without having to escalate the situation by bringing legal action in court. A Cease and Desist Letter may help prevent any future occurrences of these false statements. You are welcome to contact my office. Finally, it makes somebody aware that they may be sued and may face legal consequences. I have decided to hire a lawyer and write a cease and desist. You may also see this referred to as a demand letter or a stop harassment letter. Yes, a cease and desist letter would be appropriate under these circumstances. When it comes on law firm letterhead from an attorney articulating that the conduct is illegal, that sends a much stronger message than an individual. Aaron; was wondering if you received my question regarding allegations of sexual abuse within family and if a cease and desist letter is warranted? Really as soon as possible, and typically parties will do that when the situation has gotten so severe that theyre willing to take some legal action to get this to stop. A review would mean the world to us (it only takes about 15 seconds). My first call was to name deleted and I informed him as to the reason for my investment and what the money was to be used for. You may also use this lawyer in a lawsuit if the person doesn't cease and desist as ordered. Several times we have asked them to remove these items from their portfolio. A debt collection Cease and Desist Letter typically includes information related to the Fair Debt Collection Practices Act (FDCPA), also known as 15 USC 1692. Create Your Cease and Desist Letter in Minutes! A friend of mine is a musician not signed to any record label, and producing & marketing her own albums. This is all in the name of being able to consistently promote our music as a business. A former employee, who worked on landscape designs while she was working for us, started to consult with another company and began referring work to them. A cease and desist letter is not the appropriate way to handle someone who wont leave your home. Can you tell me what are California laws on this? She meant it for another co-worker/friend but their names are similar and start with the same letter so she clicked on the wrong name in your phone address book. A cease and desist letter would not be appropriate for a demand for payment. Pursuant to Title 17 of the United States Code, John Doe You can write your own Cease and Desist Letter without the assistance of an attorney. We have copies of your unlawful copies to preserve as evidence. This caused her to panic. VIA EMAIL TO shawn.meaike@familyfirstlife.com . What do I need to know about them? 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. At this point, they can only contact you to notify you that 1) they are stopping collection efforts, or 2) they are going to sue you for the debt. This includes telephone calls, texts, email or other electronic communication, letters, cards, gifts, and personal visits. For example, Turn over the confidential information youve been improperly using and pay a settlement amount, a dollar amount of some sort, and then we wont sue you. And perhaps it will say, You have 10 days to respond. The number of days It really depends on the situation. Read More: The Proper Way to Serve a Cease & Desist Letter. If you decide to write your own letter, the tone should be formal and legally intimidating. Re: Immediate Demand to Cease and Desist . Are you just asking them to stop? Thank you! And then of course theres obvious stuff like the letter not looking professional, grammar, spelling or format problems, issues or inaccuracies. I recently filed for a Trademark that had been abandoned. A trademark is an essential piece of intellectual property that deserves powerful protection. I have significant experience in intellectual property matters. Aaron, During 2007, photographic images were taken by by me as request for a statue (without compensation) Images were (without permission or payment) altered and enlarged to be used in public domain as a fund raiser for the statue project. If you continue to engage in copyright infringement after receiving this letter, your actions will be evidence of willful infringement.. Perhaps you want to send a letter first on your own and then get an attorney involved if you need to. What is the purpose of a cease and desist letter? You do not need to name or out your sources in your cease and desist letter. The letter may also warn of legal action that the sender plans to take if the recipient doesn't abide by the request. A cease and desist letter provides notice that legal action may and will be taken if the conduct in question continues. Wife is a screamer. I am not the only person who she has bullied. Aaron helps clients implementbestpractices inMinneapolis, St. Paul, Twin Cities, North Metro,Blaine, Coon Rapids, Lino Lakes, Circle Pines, Lexington, Andover, Ham Lake, Ramsey, Spring Lake Park, Anoka County, Hennepin County, Ramsey County, Washington County, and other parts of Minnesota. Proper documentation of the letter you send and any receipt information may play a critical role in future legal disputes. c/o Shawn Meaike, CEO . Penalties for violating a cease and desist order may include: Courts and government agencies typically issue a cease and desist order in response to a lawsuit or other legal filing. defamation ), usually because it represents a breach of contract or an infringement of some other right. 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. No matter how you send it, experts recommend keeping your copy of the document and the return receipt. However, if youre confident that the letters content is inaccurate or unenforceable, you can safely ignore a Cease and Desist Letter. My friend is a graphic designer in California and she was contracted by a company to create a flyer and other materials. 14 yrs. A cease and desist letter is useful because it might stop its recipients from continuing their harmful action. To make your letter well-structured, please, follow the next steps. In general, there is nothing illegal about a creditor contacting a debtor about collecting on a debt. The band has been changing the color of the image and states that it is now theirs since its different than what I did. thanks Usually, an administrative judge has the discretion to issue this type of order. Hello. You could sue for defamation or have an attorney send a cease and desist letter. Many times things are hearsay but this is in actual print. they removed the photo, and sent a response. Minneapolis, Minnesota 55418. Our offices are for administrative purposes only, no visitors will be . See below for the full template. This will provide you with peace of mind and allow you to gather evidence against the offending party if you eventually take legal action. We have always been respected within our community and my wife is co-owner of a business within the area as well and now people are avoiding us and talking about this letter. If they do not halt the illegal actions that infringe on your trademark, you always have the option to follow up on your legal threat and file a lawsuit against them. To add to the mix, GoDaddy (as well as our business) is in the USA, and the client is in Canada. . Truths And Myths, APEGA PART III addendum A MUST READ!!!! What is the illegal conduct that should be stopped? 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. This act was retaliation of when I told the Group Manager about illegal things that they were doing on the job. 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. This helps document that they received the letter a fact they cannot deny if a legal proceeding is necessary later on. You can use this document to alert the party in question, letting them know they are infringing on your rights and that there may be legal consequences if they fail to stop. Section 16600 just says contracts restraining employment are void. Are you asking for some sort of public apology or private apology? When Should Cease And Desist Letters Be Sent? Legal Templates LLC is not a lawyer, or a law firm and does not engage in the practice of law. I am looking for an attorney in the Albany NY area (unless an out of town attorney can) to send a cease and desist letter to a group of people that have already sent a slanderous letter about my son to many residents in our area as well as made verbal false statements and allegations. Also, if they have websites where our Trademarked name is used, what are my rights there? Closed the doors a year and a half ago. CEASE AND DESIST LETTER/RESTRAINING ORDER. The debt they are trying to collect is not your debt. In Minnesota, a cease and desist letter is an appropriate response to people copying website content without permission. Cease and Desist Letter to AshNu Technologies 2021-11-04 - redacted Start your registration by providing your email address and creating a secure password. Would it be appropriate for her to send a cease and desist letter and demand that this man discontinue using her work as his own? I dont trust mgmt to do the right thing. Learn more about cease and desist letters with this video by attorney Aaron Hall: What is a cease and desist letter? A Copyright Infringement Lettermay also seek compensation for the use of the protected work. Your lawyer can respond with a request for additional information or with a refusal. It is essentially a written demand that the person or company stop defaming you or else face serious consequences. 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? Before taking these steps, however, my client wished to give you one opportunity to discontinue your illegal conduct by complying with this demand within ten (10) days. 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.). Please note that the language you see here may change Neither I and the other person gave any sort of permission. His response to the cease and desist letter is inadmissible as evidence if the matter goes to trial. These may be at odd hours or so frequent as to constitute unlawful activity. CLICK HERE TO DOWNLOAD cease-and-desist-demand.doc. Thus, the question is whether you or the competitor used your business name in commerce first. Great article for the collections industry. It advises them to stop, or further action will occur. It should also be noted that we currently do not have the means to pay a music attorney, as they are few and far between (which means its expensive). A cease-and-desist order is a temporary injunction by an administrative agency that requires a specific party to stop certain specified practices. All Takhar Group can tell me is my first and last name and my home address, which have not lived in for 5 years. During my conversations with name deleted, I was told that the most I could lose would be 800.00 per weekly trade and that he would try to make me a profit of 200.00 per weekly trade, a loss to win ratio of 4 to 1 which I assumed was reasonable in light of his past claimed track record. The illegal activity or behavior must cease. One of my ex employees is now using my old company name to advertise. Fax: [FIRM FAX NUMBER]. Keep it business like and simple As of the date of this correspondence you are hereby ordered to cease and desist all contact in person, telephonic, and electronic with anyone living in my home including but not limited to my spouse and my children. For example, if you put somebody on notice and they continue to infringe your trademark or your copyright, they no longer can say, Hey, I didnt know that I was infringing. They have converted from perhaps good faith to bad faith because now theyre on notice and theyre continuing to infringe. Cease and desist letters are an effective way of stopping someone's inappropriate behaviour.