This document is not filed in court but instead is sent to a business or individual to ask them to stop an illegal activity that is infringing on your rights. About us. Are you asking for some sort of public apology or private apology? In Minnesota, a cease and desist letter is an appropriate response to people copying website content without permission. 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. 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. a website has published private information about me, and is offering access to more in depth information about me for a fee. If you do not comply with this cease and desist demand within this time period, [CLIENT] is entitled to use your failure to comply as evidence of willful infringement and seek monetary damages and equitable relief for your copyright infringement. Recently I had someone download a private sensitive message via fb. Make sure to have all your factual details written since an attorney will need them to prepare the cease and desist letter. 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. A letter concerning copyright infringement allows you to decide how you want your protected work used. Download a blank template and fill on your own. Now, why would you do this? Note: A cease and desist letter is the first of many consequences that may arise from infringing on someone elses copyright. This letter is to demand that your harassment . Yes, a cease and desist letter is an appropriate first step. Of course this is untrue. I no longer am and my problem is that I am still getting billed from stuff after I was gone. Unlike its letter counterpart, a cease and desist order also known as a restraining order or an injunction has different legal consequences. What would you advise for this? Read More: The Proper Way to Serve a Cease & Desist Letter. Thanks! [FIRM ADDRESS] All of the information in your Cease and Desist Letter must be accurate. Federal and state laws govern how debt collectors attempt to collect what is owed. Section 16600 just says contracts restraining employment are void. 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. Last year, both the Washington Post and New York Times reported that the activist was George Floyd's nephew. Im Aaron Hall, a business attorney in Minneapolis. . 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.. 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. Thank you on behalf of my federal treasury agent associates. response time1 hour; . It identifies your brand and represents your product. Also, if they have websites where our Trademarked name is used, what are my rights there? 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. I feel as his parents we have the right to decide if, when and where are sons pictures are used. 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. They were using an image on their website from a project that our company did while she was working for us. The Trademark is successfully being processed in my name for my music band, with my information in the public view of that particular Trademark. New neighbor next door bangs on outside walls, runs around house, had intestines & other organs placed @ front door. Thanks. Weve corrected the download link and apologize for any inconvenience. Yes, a cease and desist letter is certainly an available option for your situation. A cease and desist letter can be for any type of claim, including to stop defaming someone. Harassment is generally illegal, and a Cease and Desist Harassment Letter can help document what you have endured. Further if they dont stop if I can take them to court for it. Its only legal effect is putting a party on notice. 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. She opens her mail and I help her to decipher it. 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 the addressee of a C&D, complies; is it customary to also expect to request a settlement out of court? We have contacted the site that these posts appear but they have ignored our requests to have the posts removed. If a debt collection agency is overwhelming you with excessive phone calls, use a Cease and Desist Debt Collection Letter to demand that they stop. from U.C. 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. Usually, compliance with a cease and desist letter is sufficient. Could you tell me if a C&D is an appropriate action for this situation? Is that correct, and do you have any advice as I move forward? 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? Indicate the letter type. 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. You have a return receipt proving that the other party received your letter. A valid trademark is legally protected from use by other parties. Technically they do not have there name or business registered in the state and my company IS registered under that name. 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. I want to know if I can do something about this since its in print. Violations can result in significant penalties against the debt collection agency if it does not comply with the FDCPA. what would be if a person did not pay after a job was done? Cease-and-desist is used to deescalate conflict surfacing from alleged illegal or certain activity. A friend of mine received Cease & Desist letter from facebook, they demanded to shutdown the sites on which he was selling automation software (bots) and refered as it may violate facebook and computer fruad and abuse act, california comprehensive data access and fruad act and also united states lanham act. If you are served with a cease-and-desist letter, contact a business law attorney immediately. The right to sell and produce copies of the protected work. Breach of Contract can also play a part,but, you will have to prove that there was a contract to begin with. A cease and desist letter is just what it sounds like a letter. Is this copy write temple applicable for that? 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? 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. (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. 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. What are some common mistakes made when making a cease and desist letter? Here are four of the most common uses of a cease and desist letter: Stop harassment from debt collectors. They no longer can say, Oh, I didnt realize it. Or, I was never told to stop. Theyre now on notice of their illegal activity. And in general, the letter should ask someone to stop doing something illegal because theyre entitled to do something if its legal. Here is the copyright infringement cease and desist letter sample template form: CEASE AND DESIST DEMAND A good cease and desist letter should not be motivated by personal feeling or written in the heat of passion. 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. 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. Thanks in advance! Who can send one? Am I crazy or is this a valid case to peruse? The document above is a sample. We wish for said print facility to cease & desist from using the previously mentioned pieces for any future work (which has already happened once about 10 days after 1st production run, with alterations performed onsite). What are some common mistakes? Performance & security by Cloudflare. This act was retaliation of when I told the Group Manager about illegal things that they were doing on the job. There arent many attorneys specializing in defamatory allegations of sexual abuse. What kind of illegal activity are we talking about? 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. When I was out having dinner with my mother, he stole all my gold and diamond jewelry and refuses to give it back. Well, anybody can send one. 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. This is all in the name of being able to consistently promote our music as a business. There will be a number of other important factors. This website is using a security service to protect itself from online attacks. Closed the doors a year and a half ago. Several times we have asked them to remove these items from their portfolio. A trademark is an essential piece of intellectual property that deserves powerful protection. 2812 Anthony Lane South 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. The debt they are trying to collect is not your debt. Is it worth it? for example i in another country and I was misled into paying for a greencardlottery, to a company in nevada reno and i later found out that it was a sham and i demanded for a full refund, at first they refiused but when i threatned to sue they obliged to pay some out of the initial sum as refund, please how do i go about this ? Mgmt is planning on talking to her but I dont know how lenient she will be on her for this mgr is very passive and relaxed in taking action on bad behavior. Weimer believes he received the. Pattie. Her manager got on the phone and said that I stoled the furniture and I told that I didnt and people within the company had been emailing me but Ive been responding to them with new contact information and everything but still, the merchandise was never pick up. Another company is advertising in the same exact places and copied all of our business. Thanks! How can I stop them from ruining my professional name with such lies? An attorney would be happy to analyze your situations circumstances and advise you of your legal rights and options. Great article for the collections industry. By using this website, you agree to ourTerms of Use. 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). Well, couple things. I was never provided a copy of the letter by the neighbor, only through those which have received it. A cease and desist letter requests that the recipient stop engaging in a specific action and avoid repeating it in the future. The commercial use of someones image is a tricky area of law. Musa and his son Mpumelelo trended on social media after Queen Lolly claimed she shared the same bedroom with one of the Mselekus. While employed with , you were privy to valuable and highlyEmpowerly confidential It advises them to stop, or further action will occur. If you opt to write the cease and desist letter yourself, check online for a template at legaltemplates.net. I regularly have people / companies copying my content on my website. If you choose to respond, always be respectful, professional, and polite. Create Document. I am on the board of directors of a non profit. The letters are being signed with my name In Pen.This is causing confusion for my clients, as most are aware Thea I had moved dealerships, and I wonder how many scheduled to go in, only to be told, I was no longer there. they removed the photo, and sent a response. If you choose to contact a lawyer, choose one with experience in defamation cases. The crucial question would be whether their use of your image is lawful. 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.. I had a falling out with an old friend. I live in the UK and I should be most grateful if you could please let me have a template for slander/libel. When a company or individual owns the copyright to a protected work, there is substantial value in guarding its use.