But again, anybody can send it because its a letter. Thank you on behalf of my federal treasury agent associates. CLICK HERE TO DOWNLOAD cease-and-desist-demand.doc. Im the only who is really persistant. Hello, I would like to know if I can send out a cease and desist for work that was never paid. This is essentially an attempt to stop libel and slander without going to court. A cease and desist letter is a warning to the recipient that they're taking an action or actions that violate the legal rights of the sender. If you send a Cease and Desist against a debt collection agency, it may stop the conduct that violates your legal rights. Missing Persons. So far she has located at least 10 of her songs on the site. I would recommend contacting law enforcement or hiring an attorney (which wont be cheap). To establish these causes of action, you have to show that the communication was untrue and harmful to your reputation. + See More. 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. Trademark rights are established by using a mark in commerce (advertising, having sales, etc.). 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. All information, software and services provided on the site are for informational purposes and self-help only and are not intended to be a substitute for a lawyer or professional legal advice. 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. 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. That person may have committed slander or libel and is answerable to you in court. Theres no legal penalty or repercussion for ignoring a cease and desist, but you risk the sender beginning legal proceedings against you if their claims are legally sound. You are very generous. 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. A cease and desist letter is the term that is given to those letters that are sent to people whom you believe are partaking in an activity that they shouldn't be partaking in (e.g. However, if there are damages, some sort of settlement payment may be negotiated between the parties to avoid litigation. Im Aaron Hall, a business attorney in Minneapolis. Consult an attorney if you need legal advice about a creditor's possible . deeds, wills, testaments, and other legal documents related to Business, Estate, Real Estate, Family, and Financial matters. Defamation, Slander, and Libel Templates. Our offices are for administrative purposes only, no visitors will be . I want to send her a cease and desist letter, ordering her to stop contacting me. It may be viewed as part of a settlement negotiation. Who can send one? ceasing the behavior outlined in the letter (if youre clearly in violation), replying with a letter explaining why you wont comply with the letter (if youre not in violation), or. I would like an attorney to prepare a cease and desist letter for stalking, harassment, slander and libel. A Cease and Desist Letter can help stop further trademark infringement without the need to file a civil claim. When this digital image was created, the designer only corresponded with me on the look and outcome of it and never paid him to do as he is a friend and did it for free as a favor to me. Where does money come from? When is a cease and desist letter necessary? A Cease and Desist Letter aims to resolve a dispute before going to court. 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 may also see this referred to as a demand letter or a stop harassment letter. She holds both an M.A. Score: 4.4/5 (57 votes) . So here is a question. Thank you! I had a falling out with an old friend. Very bad. If collection efforts qualify as harassment under the Fair Debt Collections Practices Act (FDCPA), you should log the phone calls, keep the letters, save all evidence of the harassment, and contact a FDCPA lawyer. . Your liability and exposure under such legal action could be considerable. 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. You are a victim of fraud. It has come to our attention that you have been copying [CLIENTS COPYRIGHTED WORK]. Doing so may provide you with useful evidence of the conduct and serve as proof of your responsible handling of a difficult situation. ignoring the letter (if you feel its not serious). The right to perform, present, or display the copyrighted work publicly. A cease and desist letter is usually sent to a party engaging in an illegal act, directing that party to cease and desist the illegal act. 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. Stop trademark and copyright infringement. 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. Is there anyway that you can help or give some kind of advice?? I have left 9 months ago and one client just got his and called me to ask if I had gone back? This can extend from harassment to debt collection. There will be a number of other important factors. Yes, a cease and desist letter is an appropriate way to handle inaccurate information posted on a website. My friend is a graphic designer in California and she was contracted by a company to create a flyer and other materials. Step 1. You can then choose to ignore them, open a dialogue with them, or try to negotiate an agreement outside of court. I feel as his parents we have the right to decide if, when and where are sons pictures are used. Demand letter; Cease and Desist; Legal letters; Letter of intent; Appeal letter; Motions; Appeals; . I +1d this but I dont see where to download it. Is there a template or form letter that I can assist her to send demanding that these various companies remove her from their mailing lists? It should also include the following information. What are some other common mistakes people make? Ultimately, how long you should wait depends on your circumstances and what you need to do to protect your legal rights. If the false statements are not causing harm yet, you may want to prepare this letter yourself. A cease and desist letter can be for any type of claim, including to stop defaming someone. You have the right to ask a creditor to stop contacting you even if you owe the debt. You are welcome to contact my office if you would like to discuss your matter privately. Would a C&D be appropriate in this situation? How do I. handle this please. No, don't send an email. For example, taking to social media to . The letter details what the alleged misconduct is and demands that it can longer continue. A trademark is an essential piece of intellectual property that deserves powerful protection. These are criminal issues & police do not intercede. My question is, there are a few bands out there with the same name, in direct conflict with our Trademark. Your attorney will review the letter and any related contracts or verbal agreements and advise you on the best next steps. A cease and desist from you doesn't do anything, and you can't take any action to stop them from calling your grandmother. 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. The bottom line is that in a situation like this, you need to consult with a trademark attorney in your state to determine your legal rights and options. Failures to abide by these laws may entitle you to send a Cease and Desist Letter to a debt collector and possibly take legal action against them if the harassment does not stop. What type of slander? Thanks. I was recommended this website through my cousin. Weimer believes he received the. He is a non-US resident, and is willing to comply with this. What can I do to make him give my jewelry back? It has been several weeks now since you promised to get back to me regarding the large loss of investment I incurred auto-trading your stock options/spread trades. 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. Thank you! I was trying to have one written and sent to my former employer who terminated me over false statements that my ex co-workers gathered up and told them. You write and send this letter to the person spreading lies about you or threatening to do so. Now, why would you do this? We demand that you immediately (A) cease and desist your unlawful copying of [CLIENTS COPYRIGHTED WORK] and (B) provide us with prompt written assurance within ten (10) days that you will cease and desist from further infringement of [CLIENT]s copyrighted works. Well, a cease and desist letter is quite simply a letter asking someone to stop doing something. [CLIENT NAME] is the owner of a copyright in various aspects of [CLIENTS COPYRIGHTED WORK]. Start your registration by providing your email address and creating a secure password. Yes, a C&D is appropriate for a trademark infringement claim like you have here. A cease and desist letter is normally the best first step. It wont heal anything and I will not forgive her for this. Also, cease and desist letters are best sent by attorneys because they carry more weight when a lawyer writes a letter threatening legal action if someone doesnt cease and desist illegal conduct. I would want to talk with you further about the details before recommending a cease and desist letter as the best approach, but sending a cease and desist letter is certainly one option. Save your hard-earned money and time with Legal Templates. And then of course theres obvious stuff like the letter not looking professional, grammar, spelling or format problems, issues or inaccuracies. By using this website, you agree to ourTerms of Use. Here is the copyright infringement cease and desist letter sample template form: CEASE AND DESIST DEMAND My uncles are also pressuring him to kick me out of the house. I used to own a website domain for my restaurant, which I had bought from Godaddy. Many times things are hearsay but this is in actual print. Here are four of the most common uses of a cease and desist letter: Stop harassment from debt collectors. [FIRM CITY, STATE, ZIP] Maybe its some other violation of the law. You may be inundated with excessive phone calls, letters, and other contact forms. 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. CEASE AND DESIST ALL COPYRIGHT INFRINGEMENT. Terms, Conditions, Privacy & GDPR. I have decided to hire a lawyer and write a cease and desist. Usually, an administrative judge has the discretion to issue this type of order. Cease-and-desist orders are used in many areas of the law. Create Document. Also known as a cease and desist notice, this type of letter can be sent to an individual or an . You are welcome to contact my office. Is this in line with your expectations? What kind of illegal activity are we talking about? . I dont trust mgmt to do the right thing. I need to take back my finances from the Veterans Admin. When shouldnt you use it? 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. I know it will only get worse, shouting from her, etc. 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.. Can you provide some instructions on the page as to how this works? This law firm represents [CLIENT NAME]. We notified them and they took the image down. I have tried to disassociate myself with this person in all facets of life, after I found out they were making up malicious rumors about me. We do not want people searching our band name and finding anyone besides us. Is sending them a cease and desist letter ok? Finally, it makes somebody aware that they may be sued and may face legal consequences. What type of defamation is there? The right way to deal with this is to send a clear cease and desist letter. In many cases, a Cease and Desist Letter may be all it takes to prevent any further infringement of your rights. If youre preparing and sending a Cease and Desist Letter yourself, you should do so via certified mail. A letter demanding payment would raise the legal basis for the demand and require payment within a certain number of days, which would depend on the law or contract involved. If they don't, you have written documentation that you have notified them of the possible consequences of ignoring your request. Id like to know if I can issue a C&D to a co-worker who has been hostile and is a workplace bully. A survey from the Consumer Financial Protection Bureau suggests that more than one in four consumers who get contacted by debt collectors feel threatened by the interaction.. What's more, almost half (40%) of consumers contacted by debt collectors go on to request that the . A cease and desist letter would not be appropriate for a demand for payment. I have blocked him but he now is using other peoples sites & phones to contact me. A cease and desist order is given by a judge to order a person to stop a certain act. The right to create any derivative products based on the original work. In closing, your mismanagement of my money was due to carelessness and recklessness and the claim that you had safeguards in place to protect against large losses were obviously not true. I never intended for them to publish, sell or otherwise make available my info to any website. There are two different kinds of cease-and-desist orders: It is essentially a written demand that the person or company stop defaming you or else face serious consequences. 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. Would a cease and desist letter be applicable in this situation? If you are concerned about it, I recommend you see an attorney to analyze the circumstances. The debt they are trying to collect is not your debt. 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. If they do not do so, they are in violation of a court order and may face contempt of court proceedings. A Cease and Desist Letter may help prevent any future occurrences of these false statements. The letter may also warn of legal action that the sender plans to take if the recipient doesn't abide by the request. The letter indicates that you are asking them to stop the conduct or otherwise alter their actions. ..He assured me that safeguards were in place to protect against large losses. Reply myeyeballhurts Additional comment actions of course, gram was the one who asked if there was anything we could do Reply Hysterymystery Additional comment actions Hi I cannot access the copyright-cease-desist-letter.doc, get this page error: You 404d it. Step 2. I live in the UK and I should be most grateful if you could please let me have a template for slander/libel. I am now exposed to fraud, identity theft, even burglary or any kind of random abuse really. If you receive a favorable response to the letter, negotiations may be possible with the other party. I recently ended a relatively short-term working relationship with my employer because of her hostile and aggressive attitude. I have requested that they take down any photos they have of me on a social network. It also warns the other party that if this illegal action or behavior continues and consequently violates your liberties somehow you will take legal action against them. 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. I have significant experience in intellectual property matters. 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. You might see it in the area of defamation, like slander or libel. They have in turn sent a copy through email and handed out to others. I am not the only person who she has bullied. Who can send one? If youre receiving persistent personal or sexual harassment, unwanted treatment, or being threatened, use a Cease and Desist Harassment Letter. 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. 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. She has already suffered through two bouts of shingles and doesnt need this uninvited stress. She opens her mail and I help her to decipher it. Musa Mseleku and his son want Queen Lolly to stop making "derogatory" comments against them. Remember that its often the initial response by an offended party, so you must carefully consider how to respond. Can we do that without naming or outing the sources who have told us about what she is saying? I have contacted them to have her removed from their mailing list but she continues to receive mail. 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. Pattie. 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. Legal Templates cannot and does not provide legal advice or legal representation. Its one step closer to litigation without actually filing in court and spending all the money and going to all the effort of commencing a lawsuit. Accordingly, you are hereby directed to. what would be if a person did not pay after a job was done? depending on your answers to the document questionnaire. Can I send a cease and desist to the companies in the united states to make them stop offering their services to this fraud? I want them to stop releasing this false reason for separation to employers so that I can seek employment. According to the internet and European law, I can ask google to remove the search results, but I cannot remove the actual info from the website it is hosted on without writing up a cease and desist email to the webmaster responsible for that content. This letter or letter may be used as a formal request to get them to stop using your material. You could respond by: Receiving a Cease and Desist Letter is a stressful experience. Thanks in advance!!! All Takhar Group can tell me is my first and last name and my home address, which have not lived in for 5 years. c/o Shawn Meaike, CEO . So you might see it for copyright infringement, Please stop using my image or my music in a way that infringes my copyright. You might see it in trademark infringement, similar reasons. A strong letter can help you resolve the matter quickly and avoid further action or litigation. Such anti-social behavior is completely unacceptable and will not be tolerated in any way, shape or form. My parents are getting a divorce. 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? Anyone can send a cease and desist letter; one does not need to have an attorney compose one.However, an attorney can advise the complainant on whether their rights have been violated and if they have legal and meritorious rights to send a cease and desist letter. Other common mistakes are not stating with specificity what is the illegal conduct thats occurring and that it needs to stop, or beating around the bush saying, Youve done this, youve done this, but not really saying, You must cease and desist. Those are some examples. I dont know how long they have been operating for, but what are my rights? When can I send one? Recently she found that a company in Canada is giving away her copywrited work without her permission. Issuing a cease and desist letter is the first step to getting the offending party . Can You Sue Someone for Public Humiliation? The problem is that they never send a product and it is a clear fraud.