need copy of Cease/Desist order

[ianccc]

I have a client of mine that has seen a domain + website similar to his brand and i Agree with this observation - where can i get a Cease and Desist order so my client can send this out

~ian

 

[Mark Talbot]

A specialized attorney.

But if your client is ready to send a C&D, then he should also be ready to act on it not being well recieved.

Having a lawyer in the box is better than sending out dry theats.

 

[ianccc]

well I agree, i figured we would lean on them a bit and wanted to make it look more authoritative

was looking for somewhat of a domain C and D order to use and edit as required - if we get nowhere then the lawyer is next

 

[Cartoonz]

i figured we would lean on them a bit and wanted to make it look more authoritative

unless it is sent by the attorney, that ain't gonna happen.

 

[grcorp]

unless it is sent by the attorney, that ain't gonna happen.

Exactly. You can throw around all the legalese you want, but at the end of the day, you're just "some guy". While, in actuality, no lawyer has any actual authority over just another person, as they, too, are civilians, what they say will have a lot more heft than if a non-lawyer were to say it.

And it's better to set the bar high immediately by showing them you mean business, than to send the letter from yourselves first, and then show evident frustration by stepping it up and getting a lawyer to make another attempt.

My personal recommendation would be Karen Bernstein (http://karenbernsteinlaw.com/) - I met her on Dncruise in September, and she really knows what she's doing and what she's talking about. Tell her Maxwell says hi.

The offenders know what they're doing. And they'll know that the lawyer knows that they know what they're doing with a well written letter.

And if they want to ignore it, then it could get messy if it has to be taken up a notch.

 

[kokopelli]

Better to get a lawyer, but you can see some C&D examples at http://www.chillingeffects.org

 

[eeedc]

I agree with everyone above saying, you need a lawyer because 1) nobody is going to take a letter seriously from a non-lawyer, and 2) the lawyer will give you a professional opinion of the trademark infringement, if any. It's not as simple as it seems. If the guy is in some third world country, good luck even if the law is on your side. Unless the guy did something blatently intentional like selling ROLOX knock-offs, good luck recovering any money from him, but a lawyer will tell you your, usually slim, chances.

You could always PM people the two sites, to get a quick off-the-cuff opinion. I would NOT post the sites since it's calling the guy a criminal online.

 

[Theo]

Where is the offender located? Effective invocation of the DMCA can take care of copyright issues.

 

[Cartoonz]

"I'm pointing this gun directly at your head. You can see that it is loaded.
I have no qualms about shooting you, from your research you already know
I've done it before and have no qualms against doing it again - to you.
Unless you cease and desist from doing XYZ, you are a dead man"

OR...
(your way)

"Hi, I'm thinking about making plans to research the procedure to buy a firearm
that I might be able to threaten you with. In my opinion, which is obviously
biased, you are doing me wrong. Instead of acting like I'm serious, I'm creating
this C/D with my friend to try to scare you into doing what I want you to
- even though I am obviously neither qualified nor equipped to carry out any
such threats, hence diminishing my leverage to next to zero. I really want you
to believe I will further my research should you not comply, as you can tell - I am serious."

One way, you soil your pants...

...and your way, you end up looking like a birthday clown trying to report the news on TV - it just does not work.

 

[grcorp]

"I'm pointing this gun directly at your head. You can see that it is loaded.
I have no qualms about shooting you, from your research you already know
I've done it before and have no qualms against doing it again - to you.
Unless you cease and desist from doing XYZ, you are a dead man"

OR...
(your way)

"Hi, I'm thinking about making plans to research the procedure to buy a firearm
that I might be able to threaten you with. In my opinion, which is obviously
biased, you are doing me wrong. Instead of acting like I'm serious, I'm creating
this C/D with my friend to try to scare you into doing what I want you to
- even though I am obviously neither qualified nor equipped to carry out any
such threats, hence diminishing my leverage to next to zero. I really want you
to believe I will further my research should you not comply, as you can tell - I am serious."

One way, you soil your pants...

...and your way, you end up looking like a birthday clown trying to report the news on TV - it just does not work.

I love it!

 

[Dale Hubbard]

Get a lawyer - won't cost much for a C&D if you feel you have a strong case. Otherwise forget it.

 

[ianccc]

Well..... folks I got lots of advice to lawyer up here, okay i get it, well actually i got it well before i made this post

So the question is DOES ANYONE HAVE A CEASE/DECIST letter they would like to share? answer YES - NO

---------- Post added at 07:08 AM ---------- Previous post was at 07:08 AM ----------

i wasn't looking for a "public service announcement"

 

[JohnnJohnn is verified member.]

Dear Domain Owner,

I Will Sue You has been a leader in the business for xx years. I Will Sue You is the owner of numerous registered trademarks for the I Will Sue You business.

I Will Sue You has recently learned that you have registered, without I Will Sue You’s permission or authorization, the domain name(s) 'CyberSquattercom' (the “Domain Name(s)”). The Domain Name(s) incorporates one or more of the I Will Sue You Marks in their entirety or in part, and/or is confusingly similar thereto and suggests I Will Sue You’s sponsorship or endorsement of your web site(s). Your use of the I Will Sue You Marks creates a substantial likelihood of actual confusion as to the source and origin of the services offered by your web site(s). Consumers may mistakenly assume that I Will Sue You is somehow affiliated with your web site(s). Thus, I Will Sue You regards the use of the I Will Sue You Marks in the Domain Name(s) as trademark infringement and unfair competition.

Therefore, I Will Sue You demands that you immediately: (i) cease using the I Will Sue You Marks; (ii) cease use of the Domain Name(s); and (iii) refrain from any and all future use of the I Will Sue You Marks and all colorable variants thereof. I Will Sue You prefers to resolve this matter without taking legal action. However, if you do not provide written assurance that you have complied with the aforementioned demands, then I Will Sue You will take appropriate action as deemed necessary.

Should you require additional information or wish to further discuss this issue, please do not hesitate to contact the undersigned.

This letter is sent without prejudice to I Will Sue You and its affiliates’ rights, remedies and claims, all of which are expressly reserved.

Sincerely,

I Will Sue You L.L.C.
---------------------------------------------------
Note: This is a sample letter - Consult your attorney before taking any action!

 

[peter]

I can't understand why everybody starts screaming for a lawyer straight away. Maybe that's how you go about your daily business, but I sure don't. If you don't have the brains to at least ATTEMPT to handle this like a gentleman before you threaten legal action, then maybe you have bigger things to worry about.

IAN: Sorry but I don't have a C&D copy, I remember saving one AGES ago, so I will try to find it. I'll post if I do.

 

[ianccc]

Wow John...............you put allot of effort into that, congrats

Thanks Peter - if you have something great, i appreciate it

and for all intensive purposes, i plan to reword the letter so that the culprit will take the moral road and of course if they choose to tell me to GFY then we can lawyerup

 

[stewie]

Good Luck Ian, I can tell you I have seen a few domains handed over to clients base on a straight forward email. I think its always nice to give them a chance to push/transfer ownership before going to war.

Good Luck

 

[eeedc]

Wow John...............you put allot of effort into that, congrats

I have a feeling that John copied that letter from one of the many boilerplate online letters and failed to identify the source.

Still it looks like a mild, less threatening letter that you might be able to get away sending without a lawyer.

Here is a link to another if you really want to go the do-it-yourself way.
http://www.pixelrage.net/business/when-to-send-a-cease-and-desist-letter

Frankly, not being able to spot a boilerplate legal letter or find a hundred of them by searching on the proper legal terms (trademark, domain name, template...), and calling a demand letter an "order" makes me wonder if you might know just enough law to get into legal trouble.
OK, I should think of a nicer way to say this, but I spent enought time on this post.

 

[grcorp]

and for all intensive purposes

That's "intents and purposes". Sorry, this is just one thing I always correct when I see it.

 

[Cartoonz]

...and for all intensive purposes, i plan to reword the letter so that the culprit will take the moral road and of course if they choose to tell me to GFY then we can lawyerup

...yeah, make sure you reword it like that.

TV news just got interesting