So here is a question. Rice is a BLM activist who has been in the media spotlight since Floyd's death. Click to reveal If another party uses a mark or logo thats very similar or nearly identical to yours, they may not be aware of it. Slander means defamatory comments someone says to another person or persons that are harmful to your reputation. Home Business Documents Cease and Desist Letter. Well, for one, it should articulate specifically what has been done wrong. VIA EMAIL TO shawn.meaike@familyfirstlife.com . Were providing you with a sample of our Cease and Desist Letter to help you start protecting your legal rights. I feel so violated. I was never provided a copy of the letter by the neighbor, only through those which have received it. Here are a few of them. A Cease and Desist Letter may help prevent any future occurrences of these false statements. 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. Thank you for downloading one of our free legal templates! Breach of Contract can also play a part,but, you will have to prove that there was a contract to begin with. [FIRM ADDRESS] I was recommended this website through my cousin. I am now exposed to fraud, identity theft, even burglary or any kind of random abuse really. (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. Since someone doesn't commit libel or slander until the damage is done, the idea of a defamation lawsuit is to get reimbursement for the damage the lies have already done to your reputation. How well are you at handling matters of intellectual property? My question is, if a non-govt citizen posts on social media about something, (me), and a family member is silencing my voice using sinister . A cease and desist letter is a written notice demanding the recipient to stop the behavior immediately and signals the potential for further penalties. A cease and desist letter can be an effective tool that you can use to stop a debt collector from calling you and/or visiting your home. 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. I regularly have people / companies copying my content on my website. 80 Norwich New London Turnpike . Usually, an administrative judge has the discretion to issue this type of order. I recently refused to sell part of my property to my neighbor and since then, he has been distributing letters throughout the community with false and demeaning information about my wife and I as well as my parents. 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. The right way to deal with this is to send a clear cease and desist letter. We have been having a friend staying with us and we want to get him out of our house but we were told by our local sheriff that we have to have a cease and desist letter sent to him, how do i get the form that I need in order to get him out the legal way without getting myself in trouble with the law. This act was retaliation of when I told the Group Manager about illegal things that they were doing on the job. Learn what a cease and desist letter is and how you can get a lawyer to send one for a low, flat fee. 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. This letter or letter may be used as a formal request to get them to stop using your material. What do I need to state so that these harassing calls can stop and this so called debt that I have no record of be stopped. If you're suffering from harassment, sending a Cease and Desist Harassment Letter is one way to protect yourself from your violator. A copy of each and every version of any software code You have developed or used to interact with the Facebook and Instagram websites and/or services. Many may want to allow a third party to sell their copyrighted books, for example, if the third party compensates them for this. All of our legal contracts and documents are drafted and regularly updated by attorneys licensed in their respective jurisdictions, paralegals, or subject matter experts. The threat of legal action for harassment can also help put a stop to the abuse, scaring the other party into more appropriate behavior. YES . A cease and desist letter is just what it sounds like a letter. There are many advantages to sending a Cease and Desist Letter. How you respond to a Cease and Desist Letter depends on whether youre truly violating someones rights. Terms, Conditions, Privacy & GDPR. If you send a Cease and Desist against a debt collection agency, it may stop the conduct that violates your legal rights. Yes, a cease and desist letter is an appropriate way to handle inaccurate information posted on a website. If you decide to write your own letter, the tone should be formal and legally intimidating. 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. and an M.F.A in creative writing and enjoys writing legal blogs and articles. Its only legal effect is putting a party on notice. If the collector is blatantly ignoring the cease communication request, send a final letter asking them to cease communication. Yes, a C&D is appropriate for a trademark infringement claim like you have here. I need to take back my finances from the Veterans Admin. Legal action may be taken against a breach of contract, for example, or a trademark infringement when the party in question ignores your request to cease and desist in the illegal actions or behaviors infringing on your rights. Musa Mseleku's lawyers have reportedly issued a "cease and desist" letter to Queen Lolly following her comments. That person may have committed slander or libel and is answerable to you in court. I dont know how long they have been operating for, but what are my rights? Who can send one? Contact Us. Is the art of law just writing letters, filing briefs, and court stuff? Are you asking them to acknowledge that they will stop by sending a letter confirming that? Berkeley's Boalt Hall. Mention the Details of the Parties. The owner also wants the three of us to sit down after she talks to her. And as of now, theyre not responding to my follow-up emails either. a website has published private information about me, and is offering access to more in depth information about me for a fee. When someone tells you off privately with unfounded criticism, you can respond in kind or just walk away. You can write your own Cease and Desist Letter without the assistance of an attorney. has preserved and will continue to preserve in the future all information related to Your sale of software related to Facebook or Instagram; has stopped and will not in the future sell or offer to sell any software code designed to access or interact with the Facebook and Instagram websites and/or services; has shut down all websites You operate that are used to sell Facebook or Instagram related software, and have removed all advertisements or postings on external websites advertising or describing your Facebook or Instagram services; has stopped and will not in the future access Facebooks or Instagrams website(s) and/or services for any reason whatsoever; has stopped and will not in the future sell or offer to sell Facebook fans, likes, tags, subscribers, friends, or accounts, or offer any other services connected to Facebook through any means, including but not limited to http://www.xxx.com, and http://www.yyy.com; has stopped and will not in the future sell or offer to sell Instagram followers, comments, likes, or any other services connected to Instagram through any means, including but not limited to http://www.xxx.com, and http://www.yyy.com; has removed all references to Facebook and Instagram from any and all websites that you own or have the ability to control, including to http://www.xxx.com, and http://www.yyy.com; will account for and disgorge any and all revenue earned from Your unauthorized marketing activities to Facebook and Instagram users; and. Another website called Saratogamom.com has started up and I am concerned about our names being too similar. When can I send one? The right to sell and produce copies of the protected work. Yes, you can send a cease and desist letter. Youre incredible! A complete list of any and all Facebook and Instagram accounts You have created, developed, maintained or controlled; A complete list of domain names that You own, maintain or control; A complete accounting of each and every customer who purchased your software, or any other Facebook or Instagram services, including an accounting of all compensation or revenue received by You, and the URLs for each profile and/or Page for which You rendered those services; and. If they don't, you have written documentation that you have notified them of the possible consequences of ignoring your request. With family members, a cease and desist letter may do more harm than good because a cease and desist letter can be perceived as harsh and formal. This website is using a security service to protect itself from online attacks. When I showed concerned at losing 800.00 and for each 800.00 losses it would take me 4 months to get back the money I lost and put me at break even.. he assured me that this rarely happens. 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. However, truth is a valid defense to defamation. Such anti-social behavior is completely unacceptable and will not be tolerated in any way, shape or form. She slammed a door in my face a few weeks back which I took as hostile which is only one example of many. While employed with , you were privy to valuable and highlyEmpowerly confidential If youre receiving persistent personal or sexual harassment, unwanted treatment, or being threatened, use a Cease and Desist Harassment Letter. Debt collection agencies are famous for their harassing and often illegal conduct. Hello, I am the owner of a small executive training firm. I paid good money for their services from 2005-2009, and now suddenly this happens when my info is completely irrelevant to anyone wanting my old domain. When should you send it? Very bad. Why this action or behavior violates your legal rights in some way. Electronics now play a part of this harassment & other residents play a key into its secrecy. His response to the cease and desist letter is inadmissible as evidence if the matter goes to trial. If someone has defamed you or you know that they are about to do so, you need to take action to protect your interests. She holds both an M.A. The name of the individual or the establishment should be clear in your letter. Uncasville, CT 061382 . Please be so kind to respond to my email address. 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. These letters can be used by companies to protect their rights or by someone who is being subjected to harassment, and offer them help during a difficult time. A cease and desist letter is not the appropriate way to handle someone who wont leave your home. 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. . The illegal activity or behavior must cease. I also called them as well. But the cheapest step is to first send a cease and desist letter that tells the party to stop or face the consequences. Second, it may show bad faith as opposed to good faith. They were using an image on their website from a project that our company did while she was working for us. To make your letter well-structured, please, follow the next steps. We are a web design firm with a client whos .com domain name expired, and was snatched up by the very people it was registered with GoDaddy, Inc. to be used abusively for advertising purposes. depending on your answers to the document questionnaire. Bullying and threats are also considered forms of harassment. Infringing on a trademark can lead to federal claims of trademark violations and may result in substantial civil damages. The thing is the website says I still owe money and the girl I talked to knows this so she made a note about it. Whether this is worth the time and expense is questionable. Is it worth it? Despite that fact that she has been entered in both the DO NOT CALL and DO NOT MAIL registries, she continues to receive solicitations from several companies. Thank you very much for copies of forms. Additionally, none of us are in MN we are in West Virginia and GoDaddy is in Arizona. A cease and desist letter would not be appropriate for a demand for payment. 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. It warns of potential legal action if the matter is ignored. You can write the letter yourself if you want to or you can pay an attorney to do it. A cease and desist letter isn't a lawsuit, but rather a notice that a lawsuit may be filed if the behavior or actions aren't stopped. Create Document. We would be able to send them registered/certified mail to confirm they have received the letters and keep track of those to whom she has sent removal requests. Having an attorney write the letter might reinforce the notion that you are ready to proceed to court. If you have been on the receiving end of unwanted advances or sexual harassment, for example, preparing and sending a Cease and Desist Letter to the perpetrator documents the abuse and formally requests that it stop. Your liability and exposure under such legal action could be considerable. Our competitor company strongly promotes her, even though she is not technically their employee. A cease and desist letter is an appropriate first step. Second, this is unjust enrichment. No, don't send an email. Indicate the letter type. Is this in line with your expectations? As you know, your situation is complex and there are many issues and aspects to discuss. I went to the girl in charge and she took some of the charges away and I paid what we agreed on. I hand-drew/created an original logo for a band that they immediately approved( without input or changes) and printed on merchandise, promo items, their website, posters/flyers for shows and social networking sites, drum kit, album artwork, animated version of the logo, and stage props, etc. She used a curse word in talking about me. Spengler splits her time between the French Basque Country and Northern California. I realize that cease and desist orders carry more weight when sent by a lawyer, but I have heard anyone can send one. This has been over a 6 month period and it seems to be getting worse. Attorneys specialized in this field have asked for tens of thousands up front before taking the case, which as an independent artist she does not have. Looks like the downloads are on the comments page and not the main page. This letter is to demand that your harassment . I used to own a website domain for my restaurant, which I had bought from Godaddy. Any advice would sure help. Neither I and the other person gave any sort of permission. Because litigation can be time-consuming and incredibly expensive for everyone involved, including you, most individuals and businesses adhere to the request of a Cease and Desist Letter and stop the questionable action or behavior, frequently unaware that a legal violation was taking place. 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. The only requirement is anticipated litigation, but it would be easy for the company to say they intended to sue if the other company had hired the person in question. Note: A cease and desist letter is the first of many consequences that may arise from infringing on someone elses copyright. So I am a junior in college and until last year I was in an international sorority. Start your registration by providing your email address and creating a secure password. It is often best to follow through with any legal repercussions listed in your letter to show that you are serious about protecting your rights. If you felt it worthwhile, you could sue them for copyright infringement. Only threaten legal action based on actions or behaviors that specifically violate your legal rights somehow. You have a return receipt proving that the other party received your letter. I have requested that they take down any photos they have of me on a social network. Key Takeaways. Does anyone know where I can find a cease and desist template regarding personal data protection?? A Former Employee Cease and Desist Letter is used when you have a former employee who is slandering your company, breaking your enforceable non-compete agreement, or disclosing your IP and trade secrets to an unauthorized third party. In the event you fail to meet this demand, please be advised that [CLIENT] has asked us to communicate to you that it will contemplate pursuing all available legal remedies, including seeking monetary damages, injunctive relief, and an order that you pay court costs and attorneys fees. Yes, a cease and desist letter would be an appropriate first step in this situation. But when it's made public, your reputation can be damaged. You could send one. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. Harassment is generally illegal, and a Cease and Desist Harassment Letter can help document what you have endured. Seeking the removal of intellectual property and compensation for use of said images since 2007. When is a cease and desist letter necessary? You may also use this lawyer in a lawsuit if the person doesn't cease and desist as ordered. I want them to stop releasing this false reason for separation to employers so that I can seek employment. You are welcome to contact my office if you would like to discuss your matter privately. What kind of trademark infringement occurred? I no longer have the business, but am well respected and working independent in this industry still. . Id like to know if I can issue a C&D to a co-worker who has been hostile and is a workplace bully. Great article for the collections industry. I woud appreciate it if you would make suggestions regarding a demand letter I am sending..I have left out the names of who this email is going too. If so, what is the cost involved in doing so? I dont want them contacting me at all. Will a C&D demand still be appropriate in this case? Being that they use many services in the united states to advertise, take phone calls etc. Instead, it should clearly define the objectionable behavior, state why the behavior violates some law or other enforceable obligation, and what will occur if the misbehavior continues. If you put statements in a letter, be sure the statements are true. I am currently out of work due to this conflict that wasnt my fault while they are still employed and now I am assuming that I cannot seek employment with my former employer stating that the reason for separation was due to misconduct or inappropriate conduct on the job, which is absolutely false and they have no security footage or tape recordings of me doing these acts that this group of employees said that I did. It could be any type of oral or written disparaging remarks, accusations, or statements that . What are some common mistakes? The threat of legal action under this law, enacted in 1978, often has a powerful effect on debt collectors. On Sunday I again checked my account balance and I could not believe my eyes since it showed my account balance was now down to 28,622.00.. We are a small reputable company and we feel we cannot ignore this. Cease your defamatory comments, for example. Whether temporary or permanent, a cease . A review would mean the world to us (it only takes about 15 seconds). 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. This includes telephone calls, texts, email or other electronic communication, letters, cards, gifts, and personal visits.