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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. 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 . 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. Many times things are hearsay but this is in actual print. Whether it will be effective depends on how the recipient decides to respond. 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 DEMAND VIA EMAIL TO support@infopathy.com Anton Fedorenko . 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. My account was down from 34,565.00 to 33,366.00 . I recently filed a FLSA / Wrongful termination lawsuit against my former employer. Art, design & production templates (dieline, bleeds & trims) were used by a printing company in the commercial production of printed pieces for which they were paid. Make sure to have all your factual details written since an attorney will need them to prepare the cease and desist letter. Cease and desist letter or something else? Under United Kingdom law, there are two scenarios. So far she has located at least 10 of her songs on the site. A cease and desist letters order imposes a court order on a company or person that prohibits activities that are deemed suspicious. If so, what is the cost involved in doing so? . Our offices are for administrative purposes only, no visitors will be . Technically they do not have there name or business registered in the state and my company IS registered under that name. 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: 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. 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. If you choose to contact a lawyer, choose one with experience in defamation cases. Defamation, Slander, and Libel Templates. This website is using a security service to protect itself from online attacks. If the false statements are not causing harm yet, you may want to prepare this letter yourself. Thank you. Indicate the letter type. Please cease and desist or stop breaching the contract.. In your second letter, reference your first letter, including the certified receipt number and the date and time the collector signed for the letter. Aaron, You are welcome to contact my office. You could respond by: Receiving a Cease and Desist Letter is a stressful experience. It advises them to stop, or further action will occur. 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. Will a C&D demand still be appropriate in this case? 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). My question is, there are a few bands out there with the same name, in direct conflict with our Trademark. Well, a cease and desist letter is quite simply a letter asking someone to stop doing something. At the topmost part of the document, mention the details of the parties, write the sender's name in front of "from" and write the recipient's name in front of "to.". and an M.F.A in creative writing and enjoys writing legal blogs and articles. Recently she found that a company in Canada is giving away her copywrited work without her permission. Can an employer fire me for this? Hi, What are some common mistakes made when making a cease and desist letter? Would a cease and desist letter be applicable in this situation? A cease and desist letter regarding the Fair Debt Collection Practices Act violations would be an appropriate response. Yet they knowingly admitted in their letter, that they got the photo from the county website (of which clearly has my name on the photo). All Takhar Group can tell me is my first and last name and my home address, which have not lived in for 5 years. 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. Yes, a cease and desist letter is an appropriate first step. View the letter as an opportunity to verify whether you are or arent in violation of someones rights. Send a certified letter with RRR. The reason is, even though they did not register the mark, they have a common law trademark that preserves their right to continued use. Only threaten legal action based on actions or behaviors that specifically violate your legal rights somehow. Problem is one of my competitors keeps flagging us and anyone else not them on Craigslist. About us. Remember that its often the initial response by an offended party, so you must carefully consider how to respond. These are typical examples where you want to send a cease and desist letter. If a debt collector continues to contact you even after you send a cease and desist letter, file a debt collection complaint with FTC, CFPB, and your state's attorney general's office. Thanks! Creating a Cease and Desist Letter puts you in control and may help you prevent any further illegal action. 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. This is a formal motion in which both sides will be able to brief the court. 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. If you are represented by legal counsel, please direct this letter to your attorney immediately and have your attorney notify us of such representation. Teo Spengler earned a J.D. You could sue for defamation or have an attorney send a cease and desist letter. I dont trust mgmt to do the right thing. In general, there is nothing illegal about a creditor contacting a debtor about collecting on a debt. Trump's personal attorney Charles J. deeds, wills, testaments, and other legal documents related to Business, Estate, Real Estate, Family, and Financial matters. For example, taking to social media to . A Cease and Desist Letter lets another party know that they are engaging in an action or behavior that infringes on your legal rights and requests that this action or behavior stop. . You should be able to recognize exactly who is responsible for the actions. Cease and Desist Letter to AshNu Technologies 2021-11-04 - redacted Hi I cannot access the copyright-cease-desist-letter.doc, get this page error: You 404d it. 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. 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? The letter details what the alleged misconduct is and demands that it can longer continue. She continues to contact me, as well as my employer (who recommended me) and his assistant, harassing and threatening them too. Also known as a cease and desist notice, this type of letter can be sent to an individual or an . Save your hard-earned money and time with Legal Templates. 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. 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. Use of this site is subject to our Terms of Use. If the addressee of a C&D, complies; is it customary to also expect to request a settlement out of court? There are a few circumstances when using a Cease and Desist Letter is a good idea. from U.C. Harder of the firm Harder Mirell & Abrams LLP sent the cease and desist letter Wednesday night after excerpts from Wolff's book Fire and Fury: Inside the. It has come to our attention that you have been copying [CLIENTS COPYRIGHTED WORK]. Whether this is worth the time and expense is questionable. Bullying and threats are also considered forms of harassment. The band has been changing the color of the image and states that it is now theirs since its different than what I did. 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. Your cease and desist letter template should state the basis of your claim and the right of the infringing party to remedy the issue. Recently I had someone download a private sensitive message via fb. Usually, an administrative judge has the discretion to issue this type of order. Option 3: Have Someone Else Deliver The Letter. Your attorney will review the letter and any related contracts or verbal agreements and advise you on the best next steps. 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.. A "cease and desist . She has left me more than 25 threatening emails, text messages and voicemail. You cannot expect me to take this loss without a fight nor do I intend to do so. I recommend you consult with a copyright attorney in your state. You should set a period of time in which the offender must respond. 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? You do not need to name or out your sources in your cease and desist letter. Damage to personal reputation isn't easy to establish and even damage to your business can be hard to link to the lies. So I am a junior in college and until last year I was in an international sorority. 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. It really should come from an attorney. . 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. Several times we have asked them to remove these items from their portfolio. The right way to deal with this is to send a clear cease and desist letter. A cease and desist order is given by a judge to order a person to stop a certain act. + See More. 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? 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. Here is the copyright infringement cease and desist letter sample template form: CEASE AND DESIST DEMAND A cease and desist letter would not be appropriate for a demand for payment. 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. When should you send it? 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. What type of slander? 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. Looks like the downloads are on the comments page and not the main page. My parents are getting a divorce. 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. 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. If you choose to respond, always be respectful, professional, and polite. 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. Home Business Documents Cease and Desist Letter. This can extend from harassment to debt collection. I went to the girl in charge and she took some of the charges away and I paid what we agreed on. Women in Journalism. A former employee left and is spreading rumors and has taken several paying clients from the non profit (we have programs and classes for kids and adults). . When shouldnt you use it? She used a curse word in talking about me. Sample Cease and Desist Letter Against Debt Collectors Melissa Lyken | December 01, 2022 Summary: A Cease and Desist Letter can stop a debt collector in their tracks. 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. And as of now, theyre not responding to my follow-up emails either. 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. Yes, a cease and desist letter is a good first step in this situation. Recipient. Maybe theyre slandering or defaming you. "Our offices . Thanks in advance!!! Can we do that without naming or outing the sources who have told us about what she is saying? You should contact an attorney immediately. Missing Persons. I do not live in Minnesota, but I am interested and finding out more information on a cease and desist order and how it pertains to non-pornographic images of a minor? consequences that may arise from infringing on someone elses copyright. (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. Doing so may provide you with useful evidence of the conduct and serve as proof of your responsible handling of a difficult situation. When Should Cease And Desist Letters Be Sent? Step 2. Is there any action which can be taken against this person? This includes telephone calls, texts, email or other electronic communication, letters, cards, gifts, and personal visits. Is this in line with your expectations? I regularly have people / companies copying my content on my website. CEASE AND DESIST DEMAND . We do not want people searching our band name and finding anyone besides us. 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. It could be any type of oral or written disparaging remarks, accusations, or statements that . Here are a few of them. I am the 5th editor to walk away from this project. When should this be sent? Well, for one, it should articulate specifically what has been done wrong. What type of defamation is there? Im Aaron Hall, an attorney in Minneapolis, Minnesota. Thank you on behalf of my federal treasury agent associates. All of our legal contracts and documents are drafted and regularly updated by attorneys licensed in their respective jurisdictions, paralegals, or subject matter experts. Thank you for downloading one of our free legal templates! 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. Your actions constitute copyright infringement in violation of United States copyright laws. You may be inundated with excessive phone calls, letters, and other contact forms. A copyright infringement lawsuit requires that the copyright be registered. Please be so kind to respond to my email address. Can I send a cease and desist to the companies in the united states to make them stop offering their services to this fraud? Maybe violation of trade secret law, improperly using confidential business information. If they do not, you are prepared to take further action against them. 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. Now, theres nothing magic about it. 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. They also go on to state that their attorney advised them to not sign the Copyright Infringement Settlement Agreement because they didnt infringe on any copyrights. 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. Here are four of the most common uses of a cease and desist letter: Stop harassment from debt collectors. Score: 4.4/5 (57 votes) . We are unsure of the whereabouts of the ex-employee(city , state, address). Create Your Cease and Desist Letter in Minutes! Now, who should send a cease and desist letter? When someone tells you off privately with unfounded criticism, you can respond in kind or just walk away. About a year ago I started a graphic design business with a partner, and it has since become successful. 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. False statements put you at risk of defamation. Should I message you before buying a gig? Infringing on a trademark can lead to federal claims of trademark violations and may result in substantial civil damages. In Minnesota, a cease and desist letter is an appropriate response to people copying website content without permission. CEASE AND DESIST ALL COPYRIGHT INFRINGEMENT. This caused her to panic. 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. . She has already suffered through two bouts of shingles and doesnt need this uninvited stress. Any help you can provide would be greatly appreciated. The police here are very slow to do anything. Thank you in advance for your help. But if you receive an unfavorable response or your letter is ignored, it is likely time to take the legal action you threatened in your letter.