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. Cease-and-desist orders are used in many areas of the law. 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? Specific Cease & Desist Templates A Cease And Desist Letter may need to be sent in a number of circumstances including: Defamation, Slander, and Libel Templates: A strong letter can help you resolve the matter quickly and avoid further action or litigation. 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 has left me more than 25 threatening emails, text messages and voicemail. False statements put you at risk of defamation. the advise me that collection activity will continue but because of that conversation with the employer and their manager did not go well. A cease and desist letter for defamation formally requests someone (the recipient of the letter) to remove and cease the publication of content you believe to be defamatory. My parents are getting a divorce. I own a company in Mexico selling natural supplements on the Internet. While employed with , you were privy to valuable and highlyEmpowerly confidential Last year, both the Washington Post and New York Times reported that the activist was George Floyd's nephew. c/o Shawn Meaike, CEO . You could send one. The band has been changing the color of the image and states that it is now theirs since its different than what I did. please respond back right away, I brought furniture from a furniture store last year, 3 weeks after I brought it, I got laid off from my job and since then, I have been telling the company to come and pick up the merchandise since I dont have any income, well the company has been telling me per the agreement I will still owe them, which is find but if Im saying to please come and pick up the merchandise, why yould you try to set up payment arrangmeents if I have no income and is living with someone? There are various reasons that you might want to use a cease and desist letter, but the most common use is for defamation. I recently filed a FLSA / Wrongful termination lawsuit against my former employer. A cease and desist defamation letter is a written statement of facts written by a person to record and report false or erroneous claims that result in the defamation of character in an individual or business entity and demand the recipient to stop before the sender takes further legal action. This corporation that own the retirement park has been taken to court by 2 other states for harassment. Yes, you can send a cease and desist letter. How do I. handle this please. A cease and desist order can take the form of a temporary court order until it can hold a trial to determine the outcome or permanent court order after the problem is over. Ultimately, the court or government agency decides whether it will issue a cease and desist order. Whether this is worth the time and expense is questionable. The designer refused to do that as he stated, he did not create the image and owns no rights to it and only I do. 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. That said, there may be no harm. If someone says that your cute little dog is ugly as sin, it may hurt your feelings, but it isn't likely to hurt your reputation. Save your hard-earned money and time with Legal Templates. You are welcome to contact my office. Im Aaron Hall, an attorney in Minneapolis, Minnesota. Musa Mseleku and his son want Queen Lolly to stop making "derogatory" comments against them. He said he never allows a trade to get out of hand and would rather take a small loss and move on to the next trade. You have the right to ask a creditor to stop contacting you even if you owe the debt. But the cheapest step is to first send a cease and desist letter that tells the party to stop or face the consequences. I want them to stop releasing this false reason for separation to employers so that I can seek employment. will strictly comply with Facebooks and Instagrams terms of service. The problem is that they never send a product and it is a clear fraud. So far she has located at least 10 of her songs on the site. I live in Orlando Florida, if it matters. We believe their misuse is a defamation of character. Proper documentation of the letter you send and any receipt information may play a critical role in future legal disputes. If law enforcement wont enforce the law, then you can seek a court order, but that seems unnecessary and expensive. Member sinceFeb 2023; Avg. Is there anything I can do in this situation? 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. Yes, a cease and desist letter would be appropriate under these circumstances. Yes, a cease and desist letter is certainly an available option for your situation. FCC Issues Robocall Cease-and-Desist Letter to Twilio Full Title: FCC Issues Cease-and-Desist Letter to Twilio for Apparently Transmitting Illegal Robocall Traffic Document Type (s): Letter, Warning Bureau (s): Enforcement Description: The FCC issued a cease-and-desist letter to Twilio Inc. for apparently transmitting illegal robocall traffic There typically isnt any legal effect to it except it puts the other party on notice that you know what theyre doing and if they continue, its with full knowledge that theyre doing it illegally. If you choose to contact a lawyer, choose one with experience in defamation cases. Can you tell me what are California laws on this? But keep this in mind: The "gun" behind the letter is almost always a threat to file a lawsuit against the party if they don't cease (meaning stop) and desist (meaning refrain from) repeating the lies about you or your business in the future. Second, it may show bad faith as opposed to good faith. Crafting a solid cease and desist letter is one way to ensure that your requests are not only heard but adhered to. At the beginning of the document, you should clearly indicate the cease and desist letter typewhether it's defamation cease and desist letter, copyright infringement, or stop harassment cease and desist letter. If someone blatantly copies, steals, or imitates your original work or website, use a Copyright Infringement Notice to demand that they provide proper credit or stop immediately. Hi, Maybe its trademark infringement, copyright infringement, harassing phone calls or letters. 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. The letter should reveal the grounds of the claim and the infringing party's right to cure the issue. 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. Someone in the family wrote about 20 posts on facebook allslandering me and my character. As she is in the US and the offending company is in Canada, what recourse does she have at this point? If you receive a favorable response to the letter, negotiations may be possible with the other party. Perhaps you want to send a letter first on your own and then get an attorney involved if you need to. Slander means defamatory comments someone says to another person or persons that are harmful to your reputation. So typically if a party is interested in suing another party, they would first say, Hey, please stop the illegal activity so I dont have to go to court and have a judge order you to stop. Even if youre not contemplating a lawsuit, a cease and desist letter is a nice way to put them on notice that they need to stop out of the honor of the agreement or in honor of the law that theyre violating. Other names for a cease and desist letter include: Cease and desist . A good cease and desist letter should not be motivated by personal feeling or written in the heat of passion. You should consult with an attorney in your jurisdiction for the law there. Hi I cannot access the copyright-cease-desist-letter.doc, get this page error: You 404d it. Thanks. Can I send a cease and desist to the companies in the united states to make them stop offering their services to this fraud? About a year ago I started a graphic design business with a partner, and it has since become successful. What are some other common mistakes people make? A Cease and Desist Letter aims to resolve a dispute before going to court. 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. Yesterday, she accidentally txt a co-worker something about me. You can have an attorney send a cease and desist letter with a demand that the personal information and image be taken down. We do not want people searching our band name and finding anyone besides us. Terms, Conditions, Privacy & GDPR. Hi Aaron, If someone is slandering or libeling you or your business, use a Cease and Desist Defamation Letter to demand that they stop making such claims. Damage to personal reputation isn't easy to establish and even damage to your business can be hard to link to the lies. And then of course theres obvious stuff like the letter not looking professional, grammar, spelling or format problems, issues or inaccuracies. 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. You write and send this letter to the person spreading lies about you or threatening to do so. 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. A Cease and Desist Letter, also known as a demand letter, is not a legal document but rather an attempt to avoid legal action by getting ahead of the problem. "Our offices . 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. I have left 9 months ago and one client just got his and called me to ask if I had gone back? We notified them and they took the image down. Several times we have asked them to remove these items from their portfolio. Aaron, If someone has defamed you or you know that they are about to do so, you need to take action to protect your interests. This helps document that they received the letter a fact they cannot deny if a legal proceeding is necessary later on. This is often the first step toward taking a person or party to court should they continue to infringe on your copyright, trademark or patent. An ex-employee of has published posts on a industry related web site stating that one of the partners has false credentials, that we are conducting illegal activities. Yes, you could use a cease and desist letter as a first step to seeking an end to the unlawful use of your copyrighted images. If you opt to write the cease and desist letter yourself, check online for a template at legaltemplates.net. Is that kind of like medicine where a doctor makes an educated guess, fucks things up, and keeps billing the client until the IRS seizes their assets or they die? Create Your Cease and Desist Letter in Minutes! What do I do? Send a certified letter with RRR. Now a company called Takhar Collection Group is harassing me and calling me, threatening me for this BMG company and I did not order the CD. But again, anybody can send it because its a letter. Typically though, theyre sent from a law firm because when theyre coming from law firm letterhead, the person receiving it knows youre serious, knows that you mean business. It should also include the following information. If you felt it worthwhile, you could sue them for copyright infringement. A cease and desist letter is used to stop an individual or entity from continuing a specified action. Do I need to comply with the letter, or can I continue to use my trademarked name until a judge orders otherwise? Accordingly, you are hereby directed to. 2. A Cease and Desist Letter allows you to formally request that an individual or business refrain from engaging in certain conduct. I was hesitant to also hand over the editing project file containing my work, since she asked for all her money back, but I ultimately decided to send that as well in order to make her harassment stop. I run a small game console and iphone/ Apple computer repair business. Thats the value of it. Recently I had someone download a private sensitive message via fb. The right to perform, present, or display the copyrighted work publicly. Problem is one of my competitors keeps flagging us and anyone else not them on Craigslist. Thank you. Im sure that is understandable. No, don't send an email. . The cease and desist does not need to be sent in good faith. After I questioned Mr name deleted about the first loss of about 1,000.00, he assured me not to worry and to show patience. Failure to comply with the legal terms outlined in the order can result in legal ramifications for the violating party. A cease and desist letter is a document sent to an individual or business to stop alleged illegal activity. This is a formal motion in which both sides will be able to brief the court. A friend of mine is a musician not signed to any record label, and producing & marketing her own albums. As you know, your situation is complex and there are many issues and aspects to discuss. However, there may be a better way to resolve many conflicts besides a cease and desist letter. It advises them to stop, or further action will occur. It is essentially a written demand that the person or company stop defaming you or else face serious consequences. Your cease and desist letter template should state the basis of your claim and the right of the infringing party to remedy the issue. 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. If your criticism is about the business, the cease and desist letter sounds in unfair and misleading practices to the extent that the business is trying to conceal from the public some inconvenient information that you as actual or potential customer possess. But when it's made public, your reputation can be damaged. Would a cease and desist letter be applicable in this situation? You might see it in the area of defamation, like slander or libel. Could you tell me if a C&D is an appropriate action for this situation? Performance & security by Cloudflare. Dear Ms. Suich: We are writing on behalf of our client, Empowerly College Counseling (hereinafter "Empowerly" or "Company") with regard to certain obligations you owed and continue to owe to Empowerly. deeds, wills, testaments, and other legal documents related to Business, Estate, Real Estate, Family, and Financial matters. As you know, this situation is complex and there are many issues and aspects to analyze. This written notice requests that an individual or business stop some action that infringes on your rights. Many may want to allow a third party to sell their copyrighted books, for example, if the third party compensates them for this. I was wondering if a cease and desist letter could be sent to the sorority to have them take down my account? Seeking the removal of intellectual property and compensation for use of said images since 2007. Will a C&D demand still be appropriate in this case? These people did not have a .com address (it was a WordPress url), nor were they listed as a registered business in my state. Hi Aaron, You should contact an attorney immediately. 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. Why this action or behavior violates your legal rights in some way. I recently ended a relatively short-term working relationship with my employer because of her hostile and aggressive attitude. Does anyone know where I can find a cease and desist template regarding personal data protection?? See below for the full template. Our firm would be happy to help with FDCPA violations, and for these cases, we work on contingency, so we dont get paid unless we get money for you. If they don't, you have written documentation that you have notified them of the possible consequences of ignoring your request. I dont want to be involved in the divorce, but he keeps dragging me into the middle of the situation. George Floyd's aunt told Alpha News that Cortez Rice was sent a cease and desist letter in 2020 to make him stop claiming to be Floyd's nephew. Our fee for a one-hour meeting is $290. It identifies your brand and represents your product. A Cease and Desist letter went out to the Project Veritas Board of Directors on Thursday, as that body is set to meet to determine the future of founder James O'Keefe with the company. I no longer am and my problem is that I am still getting billed from stuff after I was gone. The first step you can take to address these issues is to send a cease and desist letter. What are some common mistakes made when making a cease and desist letter? Cease and Desist Letter to AshNu Technologies 2021-11-04 - redacted If the collector is blatantly ignoring the cease communication request, send a final letter asking them to cease communication. The case has settled but in the last few days I was informed my former employers spouse is telling people that I am harassing my ex employer and laying blame for financial difficulty and health problems due to the stress of the legal implications of their actions on me. A cease and desist letter, also known as a demand letter or a C&D, is a letter formally requesting that an individual or entity stop a specified action and refrain from repeating the action in future, under the threat of litigation if the recipient does not comply.. One of the cease-and-desist letter recipients was Vincent Weimer, former Ward 5 councilman whom Carbone-McDonald defeated in the November 2021 election. But if they spread a false story about other aspects of your life, your personal or professional reputation might be at stake. 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. The Mselekus' legal team confirmed to TshisaLIVE that they, on behalf of Musa Mseleku Snr and Musa Mseleku Jnr, issued a "cease and desist" letter to Shezi after her comments. As a general rule, someone who registers a trademark (like you) cannot prohibit others from continuing to use the mark in the same geographic area and industry they have been using it before the registration. You have a return receipt proving that the other party received your letter. For additional information, feel free to see in the description below. Also on a forum regarding our business, she is saying things about me, the business, how I ran it that are less than flattering and not true. Can an employer fire me for this? When should you use it? Are you asking for some sort of public apology or private apology? Well, its less expensive and aggressive than a lawsuit. Accordingly, please sign and return the attached Agreement within ten (10) days to, [FIRM NAME] You will have to prove that by your work, they have befitted and therefore you are entitled to receive the benefit. If they do not do so, they are in violation of a court order and may face contempt of court proceedings. I have a daughter to raise, I have a disability and I need to work before me and my daughter become homeless. If a person or company spreads false or inaccurate information in written or spoken statements, a Cease and Desist Defamation Letter may help prevent future violations of your rights. 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. 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. A review would mean the world to us (it only takes about 15 seconds). 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. The letter may also warn of legal action that the sender plans to take if the recipient doesn't abide by the request. Answer (1 of 7): If you don't have a complaint on some legal ground, such as harassment, that's not an option. The reason is, even though they did not register the mark, they have a common law trademark that preserves their right to continued use. Can I sue them? If they do not, you are prepared to take further action against them. Looks like the downloads are on the comments page and not the main page. 2812 Anthony Lane South What do they do? 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? CEASE AND DESIST LETTER/RESTRAINING ORDER. Cloudflare Ray ID: 7a29f7103d177815 I cannot afford to hire an attorney, so I have drafted one myself, based on online templates. Thanks. Use your state or county's bar associations to find local attorneys. CEASE AND DESIST DEMAND VIA EMAIL TO support@infopathy.com Anton Fedorenko . How you respond to a Cease and Desist Letter depends on whether youre truly violating someones rights. Issuing a cease and desist letter is the first step to getting the offending party . If another party uses a mark or logo thats very similar or nearly identical to yours, they may not be aware of it. Use our Cease and Desist Letter template to inform people or businesses harassing you (or infringing on your rights) that youll take legal action unless they stop. Violations can result in significant penalties against the debt collection agency if it does not comply with the FDCPA. It could be any type of oral or written disparaging remarks, accusations, or statements that . If you get sued for a debt use SoloSuit to respond in 15 minutes and win your case. That person may have committed slander or libel and is answerable to you in court. Step 1. 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. Cease and desist letters typically threaten the person or entity to whom they are sent with legal action if they do not stop a specified activity. With our free Cease and Desist Letter template, you can reap all of these benefits by creating and formatting a document that fits your individual needs and protects your rights. It may not be harassment, but it is illegal. Start your registration by providing your email address and creating a secure password. One in particular, Vehicle Assurance, warned her of the expiration of their offer for vehicle maintenance. I need to send a cease & desist letter to a security manager who lies & deceives patients to cover up staff misconduct, I need to stop someone from calling me & using his porn site Facebook site texting constantly & calling me 5 to 7 times in one day to vent his marital grievances & defaming his spouse . 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). 504, the consequences of copyright infringement include statutory damages of between $750 and $30,000 per work, at the discretion of the court, and damages of up to $150,000 per work for willful infringement. You asked about what type of attorney to seek. I, ___________________, agree to immediately cease and desist copying [CLIENTS COPYRIGHTED WORK] in exchange for [CLIENT] releasing any and all claims against me for copyright infringement. What kind of trademark infringement occurred? 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.). For example, if you are a professional and an acquaintance tells neighbors that you are a liar and a thief, this may negatively impact both your personal interactions with your neighbor and your professional reputation. These are typical examples where you want to send a cease and desist letter. 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? Am I crazy or is this a valid case to peruse? When should you send it? Thanks! Your grandmother can, of course. What are some common mistakes people make? Your actions constitute copyright infringement in violation of United States copyright laws. One of my advertising strategies is to post ads on Craigslist. The commercial use of someones image is a tricky area of law. I know 100% it is them flagging me and was wondering if this is considered harassment and something I can send a cease and desist letter for. 80 Norwich New London Turnpike . A copyright holder is granted specific rights under federal law, which typically include: An unscrupulous third party may violate these and many other protected rights. depending on your answers to the document questionnaire. Aaron; was wondering if you received my question regarding allegations of sexual abuse within family and if a cease and desist letter is warranted? Please be so kind to respond to my email address. When a company or individual owns the copyright to a protected work, there is substantial value in guarding its use. 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. One of my ex employees is now using my old company name to advertise. 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. I would like an attorney to prepare a cease and desist letter for stalking, harassment, slander and libel. Additionally, none of us are in MN we are in West Virginia and GoDaddy is in Arizona. I used to own a website domain for my restaurant, which I had bought from Godaddy. We would be happy to help you. Jamess, the scenario you presented appears to be a good case of copyright infringement. 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. 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.