Is there anyway that you can help or give some kind of advice?? Cease and Desist Letter to AshNu Technologies 2021-11-04 - redacted Im Aaron Hall, a business attorney in Minneapolis. 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. While these behaviors can happen anywhere, they most commonly occur in workplace settings between employees, for instance, or between an employee and a supervisor. Any advice would sure help. 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. Aaron, Our competitor company strongly promotes her, even though she is not technically their employee. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. I am the 5th editor to walk away from this project. Cease and desist letters are an effective way of stopping someone's inappropriate behaviour. A review would mean the world to us (it only takes about 15 seconds). It may not be harassment, but it is illegal. Crafting a solid cease and desist letter is one way to ensure that your requests are not only heard but adhered to. 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. Copyright Infringement Settlement Agreement. Warning: You should not use this cease and desist letter without consulting first with an attorney to ensure that it complies with the law in your jurisdiction. Is this something your office would be able to look into? Of course this is untrue. A cease and desist from you doesn't do anything, and you can't take any action to stop them from calling your grandmother. [FIRM ADDRESS] I recently ended a relatively short-term working relationship with my employer because of her hostile and aggressive attitude. A cease and desist letter provides notice that legal action may and will be taken if the conduct in question continues. In fact, a cease and desist letter is simply a written request that someone stop violating the law. Today were talking about cease and desist letters. Harassment can take many forms. She is angry that because of my walking away from the project, she has lost valuable time and the support of one of her potential producers. When shouldnt you use it? My friend is a graphic designer in California and she was contracted by a company to create a flyer and other materials. defamation ), usually because it represents a breach of contract or an infringement of some other right. I am now exposed to fraud, identity theft, even burglary or any kind of random abuse really. Ultimately, the court or government agency decides whether it will issue a cease and desist order. A trademark is an essential piece of intellectual property that deserves powerful protection. I live in the UK and I should be most grateful if you could please let me have a template for slander/libel. 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. Women in Journalism. It is necessary to outline the false misinformation, establish that it is untrue, document how you know it has been spread, and outline the damages you expect to suffer if the defamation continues. . Hi I cannot access the copyright-cease-desist-letter.doc, get this page error: You 404d it. I am not the only person who she has bullied. I used to own a website domain for my restaurant, which I had bought from Godaddy. 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. Hi Aaron, First, a cease and desist letter puts people on notice that you know they are engaging in illegal activity. Demand letter; Cease and Desist; Legal letters; Letter of intent; Appeal letter; Motions; Appeals; . If another person or business is infringing on your trademark, use a Cease and Desist Trademark Infringement Letter to explain why its confusing for customers and demand that they stop using it. as well escalating repeatedly on cell and work numbers harassing me at work . Missing Persons. ..He assured me that safeguards were in place to protect against large losses. To establish these causes of action, you have to show that the communication was untrue and harmful to your reputation. I am a freelance video editor. Make sure to have all your factual details written since an attorney will need them to prepare the cease and desist letter. Another company is advertising in the same exact places and copied all of our business. The letter, shared by Twitter account Swig, was sent by law firm Troutman Pepper Hamilton Sanders, and states that the "firm represents a large group of significant donors to Project Veritas." If you have questions about sending a cease and desist letter and your issue relates to one of some sort of illegal activity, you can contact an attorney in your state. Your neighbor could send one. Stop libel or slander. Is this copy write temple applicable for that? Well, couple things. 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.. Jamess, the scenario you presented appears to be a good case of copyright infringement. Now, who should send a cease and desist letter? Creating a Cease and Desist Letter puts you in control and may help you prevent any further illegal action. The right to create any derivative products based on the original work. 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 law enforcement wont enforce the law, then you can seek a court order, but that seems unnecessary and expensive. She holds both an M.A. I had a falling out with an old friend. Can I send a cease and desist to the companies in the united states to make them stop offering their services to this fraud? That person may have committed slander or libel and is answerable to you in court. (an example would be through a music specific site, like ReverbNation.com/MyBandName that URL should legally belong to us because they are a band and thats a direct violation, correct?). You could send one. 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. they removed the photo, and sent a response. 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 Download a blank template and fill on your own. 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 would like an attorney to prepare a cease and desist letter for stalking, harassment, slander and libel. Aaron, However, a lawsuit may be necessary if a Cease and Desist Letter fails to accomplish its intended goal. New neighbor next door bangs on outside walls, runs around house, had intestines & other organs placed @ front door. Please stop talking bad about me in a way thats false because it has a tendency to harm my reputation. We do not want people searching our band name and finding anyone besides us. If youre receiving persistent personal or sexual harassment, unwanted treatment, or being threatened, use a Cease and Desist Harassment Letter. Trump's personal attorney Charles J. CEASE AND DESIST DEMAND . Please be so kind to respond to my email address. I want them to stop releasing this false reason for separation to employers so that I can seek employment. The threat of legal action for harassment can also help put a stop to the abuse, scaring the other party into more appropriate behavior. You could respond by: Receiving a Cease and Desist Letter is a stressful experience. 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? Is that correct, and do you have any advice as I move forward? Performance & security by Cloudflare. Step 1. 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? 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. Unlike its letter counterpart, a cease and desist order also known as a restraining order or an injunction has different legal consequences. A Copyright Infringement Letter may halt this other partys unauthorized use of the product and prevent future damage. 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. Is the art of law just writing letters, filing briefs, and court stuff? Im the only who is really persistant. Another business with a similar name (also trademarked, but under different categories from my type of business) just sent me a cease and desist letter giving me 14 days to stop using my registered name. Elements of a Basic Cease and Desist Letter. Not just stating the legal doctrine, but also giving some examples of whats occurred. Thanks in advance!!! Although you won't always need an attorney to apply for a protective order, you do have to fill out court forms and attend a court hearing. Yes, a cease and desist letter would be appropriate under these circumstances. Great article for the collections industry. This letter is to inform you that as of the date noted above, we direct you to cease all forms of contact with us and with our children, Sissie and Bubba Smith. The illegal activity or behavior must cease. I no longer have the business, but am well respected and working independent in this industry still. I recently filed for a Trademark that had been abandoned. 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. Will a C&D demand still be appropriate in this case? My family could see all the lies this person decided to write about me. hi-i have my business name trademarked. For example, taking to social media to . 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. How can I stop them from ruining my professional name with such lies? My question is this, when I write my Cease and Desist letter to BMG, can I state that I was a minor therefore this should not apply to me? 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. You could sue for defamation or have an attorney send a cease and desist letter. I am in need of some legal advice as far as a cease and desist letter goes. 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. 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. Contact Us. Whether it is the best strategy is another question, but that would require a compete analysis of the situation. The right way to deal with this is to send a clear cease and desist letter. While certified mail is the best option, you can also serve the letter via email, through an attorney, or have it delivered in person. She did something the other day to another co-worker who got really upset over it. hello . If the collector is blatantly ignoring the cease communication request, send a final letter asking them to cease communication. Now, theres nothing magic about it. I was wondering if a cease and desist letter could be sent to the sorority to have them take down my account? A cease and desist letter is defined as a letter issued by an individual or an entity to another individual or entity formally notifying them to stop an activity or behavior that infringes the issuing party's legal rights. What does the letter do? My parents are getting a divorce. Start your registration by providing your email address and creating a secure password. Option 3: Have Someone Else Deliver The Letter. As you know, this situation is complex and there are many issues and aspects to analyze. 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. You write and send this letter to the person spreading lies about you or threatening to do so. Finally, it makes somebody aware that they may be sued and may face legal consequences. Use of this site is subject to our Terms of Use. COVID-19 is highly contagious and signs and . Ultimately, how long you should wait depends on your circumstances and what you need to do to protect your legal rights. Thus, the question is whether you or the competitor used your business name in commerce first. Most individuals and businesses will adhere to your cease and desist request to avoid a costly legal battle. I never intended for them to publish, sell or otherwise make available my info to any website. The threat of legal action under this law, enacted in 1978, often has a powerful effect on debt collectors. Please check your download folder for MS Word or open tabs for PDF so you can access your FREE Legal Template Sample, Use our online Cease and Desist document builder, how debt collectors attempt to collect what is owed, A debt collection Cease and Desist Letter, A Cease and Desist Letter for trademark infringement, Confidential Information & Inventions Assignment (CIIA) Agreement, A finding that the party breached the contract. Additionally, none of us are in MN we are in West Virginia and GoDaddy is in Arizona. What type of slander? 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. I run a small business manufacturing packaged goods. They claim it is private but not to all of their friends. Would a C&D be appropriate in this situation? I feel like Im being stalked & it has affected my health, Aaron Hall What do I need to know about them? I am an adult, living with my father. A cease and desist letter is often your first step in resolving a dispute. Because these are not legal documents, a form builder or template may significantly assist you in putting together the letter you need to seek an end to specific actions or behaviors that are infringing on your liberties. Breach of Contract can also play a part,but, you will have to prove that there was a contract to begin with. If someone has defamed you or you know that they are about to do so, you need to take action to protect your interests. Your grandmother can, of course. Create Your Cease and Desist Letter in Minutes! 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. It may ask that the other party halt the illegal activity or end some form of harassment. depending on your answers to the document questionnaire. This written notice requests that an individual or business stop some action that infringes on your rights. It would probably be best for your client to contact an attorney in West Virginia, since that is where GoDaddy is located, to analyze the best course of action. While employed with , you were privy to valuable and highlyEmpowerly confidential 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. This is all in the name of being able to consistently promote our music as a business. The purpose of the letter is to threaten further legal action if the behavior does not stop. 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. About a year ago I started a graphic design business with a partner, and it has since become successful. 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. 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. Recently I had someone download a private sensitive message via fb. Yes, a cease and desist letter is certainly an available option for your situation. 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. I would hesitate to give any advice regarding your situation without knowing all the details, so the only advice would be to see an attorney if the problem gets serious enough to justify the cost of an attorney. I sent her a hard drive containing every file that she gave me to work with, along with a check for the total amount that she paid me to work for her (as she demanded I do in an email). Hi, CEASE AND DESIST DEMAND VIA EMAIL TO support@infopathy.com Anton Fedorenko . Being that they use many services in the united states to advertise, take phone calls etc. 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. Neither I and the other person gave any sort of permission. Score: 4.4/5 (57 votes) . What are my options? If you receive a favorable response to the letter, negotiations may be possible with the other party. Home Business Documents Cease and Desist Letter. I want to send her a cease and desist letter, ordering her to stop contacting me. The cease and desist letter might also say, in addition to stopping, heres a settlement offer. Hi, That could mean that you have a. In the event this agreement is breached by me, [CLIENT] will be entitled to costs and attorneys fees in any action brought to enforce this agreement and shall be free to pursue all rights that [CLIENT] had as of the date of this letter as if this letter had never been signed. I have an established website (www.saratogamama.com) and an LLC with a DBA filed for SaratogaMama. 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). 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?