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Cease and Desist Letter 4747 Responses
Last post: 1 year, 2 months ago | Thread started: Apr 3, 12, 1:52 p.m.
- buddylee2
Anyone have a good template for one? I was informed I should send a couple off to some companies that used one of my logos without my authorization. I talked with a lawyer earlier today, he said he would do one, but it would cost $750. I kind of don't have that. :/
- Apr 3, 12, 1:52 p.m. – Permalink
- monospaced
- Dog-earApr 3, 12, 1:54 p.m. – Permalink
- monospaced
- Dog-earApr 3, 12, 1:57 p.m. – Permalink
- identity
The $750.00 isn't for the writing.
It's for the law firm's logo at the top of the page.
A letter for a legitimate law office sends the message that you are serious and have enough money to pay $750.00 for a letter (what else are you capable of?)Solution:
Design a law office logo and put it on the letter you write.- Dog-earApr 3, 12, 2:01 p.m. – Permalink
- identity
legalzoom.com will give you what you need if you need a "legitimate" document
- Dog-earApr 3, 12, 2:02 p.m. – Permalink
- prophetone
not knowing details, but can you not just contact said companies and have a conversation with each? why the instant lawyer-ing up? or just send a letter on your own letterhead with a boilerplate statement. seems to me the result of that will determine how serious you need to get with some or all.
- Dog-earApr 3, 12, 2:07 p.m. – Permalink
- prophetone
or hire jackie...
- Dog-earApr 3, 12, 2:12 p.m. – Permalink
- buddylee2
Well...this is the deal. I came on board with this big car related event and offered my marketing and design services to them in exchange for the cash and other items in trade. We never signed a contract.
I completed my end of the deal and continued to do more things for the event on a case by case basis.
Somewhere along the way, the event organizers became very aggressive with their demands and I felt the environment had change and I decided I didn't want to be part of this event anymore.
Since the small amount that they paid me upfront wasn't really all that much, I let them know that I would be retaining ownership of everything that was left unpaid. Which included a website and the social media presence(ie. facebook, twitter, etc.)
- Dog-earApr 3, 12, 2:17 p.m. – Permalink
- prophetone
sorry but it sounds like you left 'em high and dry. good luck sailor!
- Dog-earApr 3, 12, 2:20 p.m. – Permalink
- buddylee2
Of course, they didn't really like that at all.
A week or so goes by and I reach out to them and send them a settlement offer, stating I would transfer ownership of the work I had completed for a set amount. I never hear back from them.
I week prior to the event, I decide to pull the plug on the official show website, which I created, registered the domain and host on my server. They went "bat-shit." Letting me know that if I didn't put they website back up, they would call their lawyers.
- Dog-earApr 3, 12, 2:22 p.m. – Permalink
- monospaced
I stopped reading after "We never signed a contract."
- Dog-earApr 3, 12, 2:24 p.m. – Permalink
- buddylee2
The nice guy I am, I relaunch the website after their not so friendly voicemail.
Again, I reach out for a settlement. I enlisted the help of a mediator and they didn't offer anything.
The show comes around and they take it up themselves to authorize the use of my logo on awards, an official shirt and a huge banner that Budweiser printed with promoting Budweiser and the event.
- Dog-earApr 3, 12, 2:27 p.m. – Permalink
- prophetone
well this is it. no contract. that means you should have just ridden it out and remained calm because from their side of the fence they're thinking they've done nothing wrong and you're just playing hardball for no apparent reason. "reaching out" to them is of no consequence, they don't have time for shenanigans. you're messing with their business ultimately is all they see, of course they're going to crap atomic bombs. as for the unauthorized use of artwork - no contract - and they clearly don't feel like they can trust you after the funny business.
- Dog-earApr 3, 12, 2:31 p.m. – Permalink
- doesnotexist
give them all rights and wash your hands clean of this. sounds like bs.
- Dog-earApr 3, 12, 2:35 p.m. – Permalink
- aaux
Bringing the site down a week prior to the event probably guaranteed you won't get a single cent from them. No contract means you're at the mercy of their good graces. Best bet would've been to play nice and just ask for a bit more for your time. At this point, doesnotexist is probably right. Wash your hands of it before it continues any further and they decide to really go after you.
- Dog-earApr 3, 12, 2:38 p.m. – Permalink
- buddylee2
Besides all of this "breach of contract" talk. Is it possible that I can seek damages from the 3 companies that used my logo(which I have registered copyright to) at the event?
The copyright lawyer I talked to today recommended I send them cease and desist letters.
- Dog-earApr 3, 12, 2:38 p.m. – Permalink
- identity
cut and run. this could financially destroy you.
are you operating under your own name or an LLC (other kind of incorporation?) Give them whatever they want and leave with a lesson learned. You may be ethically right - but legally they have you to rights.- Dog-earApr 3, 12, 2:41 p.m. – Permalink
