Help Me With Sign Massachusetts Banking Cease And Desist Letter

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welcome to our youtube video series on business law my name is christopher neufeld of newfound legal and in this particular video we will be discussing the cease and desist letter now what is a c synthesis letter it is a letter sent by one party be it an individual company or a lawyer on behalf of that individual company to a recipient and that recipient is being requested to stop a certain type of action and discontinue any further action in that regard and that is the essence of what the cease and desist letter says in addition to the fact it puts forth a threat of legal action should the recipient fail to comply and thereby continue to engage in the action which the sender is seeking to bring an end to so it is very much a prelude to legal action without it being actual court action per se but it is a very important step given that judges want to see efforts before coming to court to try to resolve matters as opposed to immediately seeking court intervention and as such it is crucial from a procedural standpoint that you take these actions in advance of going to court because you may well be able to resolve these matters in advance now what happens should the other side the recipient actually follow through and discontinue any further action well then you have a very high barrier to bring this matter before the court unless you can establish veritable damages having been incurred by the sender and the recipient having profited from their misuse and that is a threshold you're going to have to hit and part of the challenge with that is going to be unless you have solid documented evidence showing that they profited as well as establishing that they improperly and knowingly transgressed on the rights of the sender you could have a very significant barrier to overcome especially when you look at it and say to yourself we need to measure this against the cost of bringing court action and will it be justified will the judge appreciate what we're trying to do even though they comply with our cease and desist letter and we don't know the basis for their transgression so that is part of the challenge you are going to face should they agree to comply with the cease and desist letter now what are the two primary areas that we see seasons letters in well one is in the area of trademarks and patent violations and the second is in copyright infringement now with respect to violations of trademarks patents industrial designs we have a very clear-cut documented and time-stamped records as to what the trademark is the patent is the industrial design is as such it becomes a question as to whether or not the timing is there and also given the fact that there are resources upon which the recipient could have reviewed the materials given that they are in the public domain and avoided having transgressed on those lines now another aspect of trademark violations pertains to trade names personal names and images related to the person these items can be very clear-cut and then it's a matter of ascertaining whether or not the party profited from it and if they knowingly undertook the profit from it these matters are best discussed with legal counsel and that is how you should pursue such matters the second area which is a bit less clear is copyright infringement so copyright infringement pertains to original writings web content visuals audio music and videos where what you are seeing is deceptively similar to what you as the originator has produced and then it becomes a question was this replicated or was this created independently of yourself and of what you have put forward and that is a critical aspect there must be a distinct time it cannot be too abstract the fact of the matter is there's a lot of stuff out there a lot of similarities but is a similarity such that it says sufficiently confusing that people will get distracted and be drawn away from one party's marketing materials and profiteering and be drawn to somebody else because of this infringement and what you should do is remember that you're needing to convince a judge who is seeking to be impartial and needs to see something solid to proceed you just because you want to believe something doesn't mean it's going to be there you have to recognize the court has to clearly see the time of the copyright infringement for them to make a move they can't just speculate they can't try to connect the dots it almost has to be blatantly clear and you have to also understand that what the court might be able to provide you with by way of relief may not be sufficient for your needs or for the expense you incur given that they may simply bar the other side from continuing to use something or ask them to modify it such as they provide injunctive relief but they provide no damages because damages as always are difficult to prove and there might be no damages the court deems worthy of paying out especially where the other party honestly or not believes that they've built and devised this independent of yourself they might have got some concepts from you but they could well have got concepts from elsewhere and the fact of the matter is you too must show that you got no concepts from anyone else which is a critical point to remember and if you are not able to get to that point you might find yourself spending lots of money beyond the cease and desist letter to effectuate an outcome which really does little for yourself except spend lots of money so even though there may be a rationale for it going beyond the cease and desist letter times may not be functionally worth your while but that is something for yourself to talk with legal counsel knowledgeable in these areas and determine how best to proceed with each of these matters because a cease and desist letter may be a good action but it might be the extent of the action one takes given the cost associated with taking further action beyond a cease and desist letter thank you