Cease and Desist Letter Template | PDF | RTF | Word (.doc)
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A Cease and Desist Letter, or Immediate Demand to Cease And Desist, is a legal notice warning that a company or an individual intends to take immediate legal action in regards to their copy written materials being used without their consent.
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How to Write
After identifying both parties to the complaint, the letter first points out the place, online or in print, that the copy written materials were illegally published. It then states the date that the copyright to the materials in question was established on. The severe penalties prescribed under federal law for copyright infringement are reviewed, as is how those penalties become ever more dire if the Court determines the infringement to be willful, which the letter describes as the continuance of this behavior after the delivery of this letter.
If the copy written materials were used to unfairly defame the complaining company, the letter will go on to demand that the allegations cease. It will further demand written and published apologies, and other concessions including a list of persons that you sent the copyrighted materials and the defaming comments to. The letter will also demand that, within 10 days, you agree in writing to finish complying with all demands within 30 days.
The Cease and Desist Letter will provide very specific language that must be conformed to in submitting to its terms. Finally, the letter agrees that the complaining party will not pursue legal action if the concessions are agreed to and no repetition of the offense occurs.
How to Search
It is possible to begin a search to find out if a trademark has been registered at the US Patent and Trademark Office Online:
On the left side of the top page, under the heading of Trademarks Process, there are two subheadings of immediate interest. The first Is Trademarks Basics, which should be studied and understood.
The second is Search Marks. Choosing this option takes you to the Trademark Electronic Search System (TESS). Here, there is the choice “Basic Word Mark Search.” If you choose this option, and you then type the words “You’re Fired”, you will learn the serial number and registration number for this phase, and you will learn that the owner is not who you might think it is.
Similarly, you can delve into patents at:
A place to start here, under “Search for Patents”, is to choose the subhead “Patent Full-Text Databases”, and then opt for “Quick Search”. As an example, enter “lithium” as Term 1, and “battery” as Term 2, and then choose “Title” as the field for both terms. Then hit “Search”, and you will learn that 2075 US patents have those words as part of their title.
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