Cease and Desist

[Sender’s Full Name]

[Street Address]

[City,State, Zip Code]

[Date]

VIACertified Mail

[Infringing Party’s Full Name]

[Street Address]

[City, State, Zip Code]

Re: Cease and Desist–[Copyright Infringement]

To Whom It May Concern:

It has come to our attention that your [Description of work that is infringing e.g. website], [name of work that is infringing e.g. of infingement]. The infringing copy resembles the original in the following ways: ______.

We are the proprietors of all copyright in[the work being copied](the "Work"). We had reserved all rights in the Work, which was first published on______with registration number______. You neither requested nor received permission to use our Work, therefore your unauthorized copying and use of our copyrighted Work constitutes copyright infringement in violation of the United States copyright laws.

We hereby demand that you, within______days of this letter:[action that you want infringing party to take.]

If you do not cease and desist within the above stated time period, we will be forced to take appropriate legal action against you and we will seek all available damages and remedies.

Sincerely,

______

Cease and Desist(Rev.1339ECC) / 1 / 4

This page intentionally left blank.

Cease and Desist(Rev.1339ECC) / 1 / 4

Cease and Desist(Rev.1339ECC)

GENERAL INSTRUCTIONS
WHAT IS A CEASE AND DESIST?
A Cease and Desist is a letter sent to an individual or business that is engaging in unlawful behavior. A Cease and Desist formally asks the recipient to immediately stop (“cease”) and no longer continue (“desist”). Otherwise, legal action will be taken because the behavior is harming or interfering with the sender’s legal right to do something or have something.
MOST COMMON SITUATIONS
The most common situations in which people might send, or find themselves at the receiving end, of a Cease and Desist are the following:
Possible Senders
- Someone harassed at work
- Writers or artists who create and post original content on the Internet
- Person with debt from credit cards, home or student loans, or mortgages
- Businesses whose reputation is falsely attacked
Possible Recipients
- Co-workers who harass others
- Websites that plagiarize content or do not cite their sources
- Debt Collection Agency repeatedly calling at inappropriate times
- Competitors trying to attract business from you by spreading rumors
WHAT SHOULD BE INCLUDED
A simple Cease and Desist will identify the following basic elements:
·Recipient: individual or business who needs to stop the harassment, defamation, unreasonable debt collection, or copyright/trademark infringement
·Sender: individual or business requesting the recipient to stop their unlawful behavior
·Unlawful Behavior: detailed description of the behavior and why it is unlawful
·Legal Action: a lawsuit will be initiated if the behavior does not stop or continues
·Date: when the letter is being sent to the recipient / TYPES OF CEASE AND DESIST LETTERS
Cease and Desist Letters are commonly used when an individual or business wants to stop another person or organization from violating their legal rights. We provide the following free Cease and Desist Letter templates:
·Copyright Infringement
·Trademark Infringement
·Defamation
·Debt Collection
·Harassment
Copyright Infringement
U.S. copyright laws encourage and protect “original works of authorship.” As soon as something is written, the owner has the exclusive right to use and display their original copyrighted work. If another website obviously copies or imitates your original website, you can ask the copycat website to stop reposting stolen work without proper credit.
Trademark Infringement
A trademark is usually a name, word, phrase, logo, symbol, design, or image that helps people identify a product or service to a person or organization. Unlike a copyrighted work that automatically gets protected once written, you must take steps to register a trademark with the U.S. Patent and Trademark Office (USPTO) if you want similar legal rights. Because there is an application process, the rights to a trademark are well documented.
Defamation
Cease and Desist Letters can be used to stop another person or company from making false statements that harm or damage someone’s reputation or business. Some states further recognize two kinds of defamation — written false statements (“libel”) or spoken false statements (“slander”).
Debt Collection
You should always pay your debts, but a debt collection agency does not have the right to harass you with numerous telephone calls and messages. The Fair Debt Collection Practices Act protects you, your family, or your friends from being repeatedly contacted and harassed. The law recognizes that abusive debt collection practices contribute to personal bankruptcies, marital instability, a loss of jobs, and the invasion of individual privacy.
Harassment
A Cease and Desist Letter can be used to record a formal request to stop any harassing behavior. You will most likely need this letter if you are receiving unwanted treatment or being threatened in your personal life or workplace.
Cease and Desist(Rev.1339ECC) / 1 / 4