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Cease and Desist Questions

What is cease and desist?

Cease and desist is a type of order or request to stop an activity and not to continue to do the activity again later on or face legal action. The recipient of the cease and desist may be a business or an individual. In the United States a cease and desist can be used in two different context, an order can be issued by a judge or government authority and is well defined legally, or a letter can be sent by anyone but in most cases are drafted by a lawyer. Individuals may wonder how they can send a cease and desist letter to another individual or what is a trademark cease and desist letter. Questions like these is answered by Experts below.

How long does a person have to respond to a cease and desist letter that he/she received?

In most cases a cease and desist letter is more for notice purposes so the person would need to respond to the letter within the time frame that is written in the letter. This will show that the person is operating in good faith.

If a person receives a cease and desist letter asking them to stop using a word that is not trademarked, should the person respond to the letter?

If the person has the right to use the word, he/she would need to at least respond to the letter stating that there is no trademark on the word and that the person has the right to use the word if they so choose. To really give the letter a stronger affect, hire an attorney to draft and send the letter.

If a person receives a cease a desist letter telling them to stop using a name that they have used before the other person filed for a trademark on it, what should the person do?

The person would need to file an objection to the other person’s trademark application through the USPTO by writing a letter and providing the proof that the person used the name years before the other person and that the name was registered with the company as well. The person would also need to send the other person a letter stating that they have used the name in commerce before the other person and as such have acquired a common law trademark on the name and that they have filed a objection to the other person’s trademark application.

How would a person go about writing the cease and desist letter?

A cease and desist letter is a form of demand letter that requires the receiver to stop an action or course of action or behavior. The following link will show a sample of a cease and desist letter; http://www.free-legal-document.com/copyright-cease-and-desist.html.

Should a person compose a letter to a client as a final demand for payment due on a website that a person created and also a cease and desist letter to stop using the website till payment is made at the same time?

Since copyright is established upon creation of the work, the person who made and created the website has copyright protection until he/she signs their rights away to the product. The idea of writing a cease and desist letter and final demand letter is a good one and will help with the facts if this is taken to court. Also, the person should try and keep all emails and communications regarding the situation to show proof if needed.

Cease and desist orders can be confusing for the person that receives and the person that sends. There are many reasons why a person may need to send a cease and desist letter or why a person may receive one, but consulting an Expert will help answer questions that the recipient or sender may have.

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Alex Reese
Alex Reese, Lawyer
Category: General
Satisfied Customers: 2740
Experience:  Experienced in intellectual property law
14461494
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Recent Cease and Desist Questions

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    I plan to open my own record label called "T.A.K.E.OVER Records" (The Art's Kicked, Ended, and Over). The problem is that back in the 90's someone already created a record label named TAKEOVER Records but they didn't use an acronym. Will I run into legal problems?
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    Hi, I currently have a retail store that has been operating for over 30 years in D.C. located in a federal building catering to a government agency. A few years ago, we started website selling our merchandise online. However, a competing store in the same building began doing the same under a different domain, but then they registered a domain very similar to ours to attempt to misdirect customers from our store and website to theirs. I've taken a look at the page source from both pages, and I believe that they have essentially redirected the information from their original site (with a different name) to mirror the site with a similar name to ours. Is this enough cause for us to pursue legal action? The loss in online sales and traffic is certainly cause enough for concern, but their site is also poorly done, affecting the image of our business as well. Any advice on this matter would be much appreciated.

    *edit: I have also taken screen shots of the page source of both of the competitor's websites if it helps. They are identical except for URL with what looks like the primary page being redirected to the URL similar to our website.

  • Is it plagiariasm or coyright infringement? On

    Is it plagiariasm or coyright infringement?
    On October 3rd, I published an article on News Americas Now under the headline: "President Obama: Deporter in Chief?" The data for my article was researched and obtained through detailed analysis of Department of Homeland Security stats - addition of deportation under five years of Bush and five years of Obama for each country in Latin America and then tallying the total.
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