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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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Recent Cease and Desist Questions

  • A picture of my 3 year old son has been distributed and shared

    A picture of my 3 year old son has been distributed and shared online without my permission. I took the picture and had it in my private social media account. I have since then found several people utilizing and editing the picture, and even some that have utilized it for advertisement purposes. While I know this violates the Children's Online Privacy Protection Act and my Copyrights, how do I proceed to stop the picture from spreading?
  • What is your opinion on this????????????? I sell t-shirt designs

    What is your opinion on this?????????????
    I sell t-shirt designs and have a rather large online store and monitor my designs as not to infringe. Today I received a "cease and desist" letter or something basically the same saying my items infringed on their trademark. This looks like a small guy who trademarked a design that lots of stores have been selling (i'm sure he did not come up with it). However my design is different and his trademark is too detailed and he is trying to use it to cover hundreds of design twists that use the phrase "This Guy". Here is the link to his trademark: http://www.trademarkia.com/this-guy-85674407.html (you can see it entails details like thumbs up, quotations around "This Guy", and says it's underlined). What he was going after was two ads of mine. The first one is exactly like this, but says This Guy instead of This Girl, and this ad with the same swap out and it saying Girlfriend instead of Husband:https://www.etsy.com/listing/185696887/this-girl-loves-her-husband-longsleeve-t? I'm am not a trademark attorney, but I feel like he is trying to get away with paying one trademark fee and hoping it will cover hundreds of designs. Also not to mention I do not use "thumbs up", my design has "double guns", along with no quotations or underlines like his trademark says. Plus he's going after 2 words of an entire sentence. What is your opinion on this?????????????
  • can trademark owner sue you if you mistakenly re-listed an

    can trademark owner sue you if you mistakenly re-listed an item after a cease and desist on Sears, but you never sold the item?
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