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The Trademark Cease and Desist letter is used to inform someone of a trademark violation. Many individuals still copy images and text without realizing it is a violation of someone elses rights. Many others do so with that knowledge, figuring they won't be caught or punished. If the individual will not cease, you can confront their ISP. Also consider copyrighting your code, text, and photos with the U.S. Copyright Office before publishing. This letter includes an impulse settlement and return receipt section.
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Related documents may be used in conjunction with this document depending on your situation. Many related documents are intended for use as part of a contract management system.

Related Documents:
Trademark Cease and Desist Notification Form
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How to write my Trademark Cease and Desist Notification Form document

CEASE AND DESIST LETTER current date CERTIFIED MAIL RETURN RECEIPT REQUESTED Insert Name of the Infringer

Insert Address of the Infringer Infringers Registered Agent Address of Infringers Registered Agent Re. company name v. Insert Name of the Infringer To Whom It May Concern. company name is the owner of United States Federal Trademark Registration No. Trademark Registration Number and other trademark registrations pertaining to this mark. company name uses this mark in the United States in conjunction with Insert description of how the Company uses the mark in commerce or in connection with the goods or services it provides. company names federal registration and recognition has been in full effect for over Insert Number of Years Registered years since the mark was registered and recorded by the United States Patent and Trademark Office see attached exhibits. company name legally owns the trademark upon which your Insert short description of how the infringement is taking place web site product advertisement etc is infringing. We have attached copy of the federal trademark registration data to this letter for your reference. company name believes that you are intentionally trading on the goodwill of company name by using trademark that is confusingly similar to Insert Trademark Description and that your use of the Trademark does or is intended to confuse or mislead customers seeking company names products or services. This activity is actionable under federal law and causes you to be liable to company name in every state in which you have made sales or done business. Your activities are unlawful and constitute unfair competition intentional trademark infringement and dilution false designation of origin or cyber squatting if the Trademark involves domain name

Federal Law provides numerous legal remedies for trademark infringement and dilution including but not limited to preliminary and permanent injunctive relief monetary damages claim to defendants profits destruction or confiscation of infringing products or items and in cases where infringement is shown to be willful and intentional legal fees and up to treble 3x monetary damages. company name prefers to resolve matters such as these without the need to take legal action but it is prepared to take any action it deems necessary to protect its rights and property. You may avoid legal action by having an authorized representative sign this notice as indicated below and return the signed letter to us at the address listed below on or before delivery date. This letter is sent without prejudice to company names rights and claims all of which are expressly reserved. first name last name Signature job title

company name address address city state or province zip or postal code Phone. phone number

Fax. fax number Email. e mail address The undersigned covenants to take the following actions. 1. Immediately cease and desist from any and all use of the infringing mark whether the marks are used in commerce or not now or in the future. 2. Insert whether transfer of rights of the undersigned to any infringing domain names or other property must occur and the terms of such transfer 3. Immediately cease the use and distribution of all infringing works works derived from the marks whether obscured or not and all copies of such infringing materials. 4. Deliver all unused undistributed copies of any infringing works or proof of the destruction of such copies.

Signature. Job title of signator authorized signature or signer. Date when the contact was signed

Writing the Copyright Cease and Desist Notification Form (Verbose) document (alternate or related contract document)

CEASE AND DESIST LETTER current date VIA MAIL AND EMAIL company name Attn. DMCA Copyright Agent address address city state or province zip or postal code

email address Re. Unauthorized Use of Copyrighted Work It has come to our attention that you have made an unauthorized use of our copyrighted work Insert type of media i. e. photograph video publication etc. entitled Insert the name of the infringed work the Work The infringed Work is on file with the U. S. Copyright Office Insert copyright filing number The Work is available for paid license and can be viewed at our Insert name of web site web site. Insert direct link to the original infringed work. This statement is written on the assumption that most copyright infringement will be from source material copied from the Internet. If the infringement was from physical works change the description accordingly. Also submit the cease and desist demand with printed copies of both the original source material and infringing material. This web page makes clear in several locations that the Work is copyrighted and that any unauthorized use is prohibited.

company name has made unauthorized use of the Work in Insert description of how the work was infringed i. e. web site advertisement mass email campaign etc. see attachment. No license has been purchased by company name from company name and no authorization was given by company name to use this copyrighted and registered work. Insert any extra information that helps back up your infringement claim such as any research you have done regarding specifically when the infringement occurred third party information that helps your case and information about who effected the infringement. As you can easily determine by comparing the Work and the infringing version they are the same. If you can show willful violations such as copyright notices watermarks etc. being removed describe these alterations to the infringed work. company name distributed this infringing work via Insert description of how the infringing work was distributed on Insert date that the infringement occurred or was detected As you are no doubt aware copyright ownership in original works vests in the author or creator of the work U. S. C. a It is violation of U. S. copyright law to reproduce and or prepare derivative of copyrighted work U. S. C. . It is also violation of our license agreement to make unauthorized use of copyrighted content without payment or permission. In addition under U. S. C. it is unlawful to remove or alter copyright management information including identifying information about the copyright owner contained in digital watermark. If there are other issues that were violated by the unauthorized copying also state them here. For example the normal use of an image may require separate written authorization from third party such as the use of an image requiring not only license but written permission from recognizable person in photograph. Add as many details as possible to your claim showing as many problems created by the infringement as possible. If you can show willful violation such as the removal of copyright statements or watermarks add the following statement. The removal of digital watermark after the Work was copied from web page clearly identifying it as copyrighted and for licensed use only indicates that the infringement has been performed willfully. Under U. S. C. and infringer could be liable for statutory damages as high as 150 per violation together with attorneys fees and costs necessary to secure judgment in court. Reword that statement as needed. The statement above is based on the assumption that the Work was copied from an Internet web page owned or controlled by you and that you had copyright notices displayed.

If you believe you have the right to use the Work without our authorization please advise us in writing and provide documentation to support your position. Otherwise we demand that you immediately cease the use and distribution of all infringing works reproduced using and or derived from the Work purge all copies of the Work and desist from this or any other infringement of our rights in the future. We also demand that you conduct an investigation and inform us in writing of each unauthorized use of the Work and any other works obtained from company name. We further demand payment of Insert dollar amount of your demand for immediate resolution of this matter. If we are forced to incur legal expenses in this matter we will demand those in any future resolution. Please respond to this letter by effective date indicating in writing that you have fully complied with these requirements and agree to these terms. This letter and demand are offered in furtherance of settlement and are subject to ER and not admissible to prove liability for or invalidity of any claim. We retain all rights in the copyright and other interests in the Work and all claims we may have against any person or entity. This letter is not full recitation of all relevant matters and nothing omitted and or contained herein shall be construed as or deemed to be an admission or waiver. We appreciate your cooperation with this matter and look forward to your prompt response. Sincerely first name last name e mail address Phone. phone number

Fax. fax number job title company name

How do you write a Patent Infringement Cease and Desist Form document? (alternate or related contract document)

CEASE AND DESIST LETTER. PATENT INFRINGEMENT current date CERTIFIED MAIL RETURN RECEIPT REQUESTED Insert Name of the Infringer Insert Address of the Infringer

Infringers Registered Agent Address of Infringers Registered Agent Re. company name v. Insert Name of the Infringer To Whom It May Concern. company name is the owner of United States Federal Patent No. Patent Registration Number and other patent registrations pertaining to this patent. company name uses this patent in the United States in conjunction with Insert description of how the Company uses the patent in commerce or in connection with the goods or services it provides. company names federal registration and recognition has been in full effect for over Insert Number of Years Registered years since the patent was registered and recorded by the United States Patent Office see attached exhibits. company name legally owns the patent upon which your Insert short description of how the infringement is taking place web site product advertisement etc. is infringing.

We have attached copy of the federal patent registration data to this letter for your reference. company name believes that you are intentionally trading on the goodwill of company name by using Patent that is identical and confusingly similar to Insert Patent Description and that your use of the Patent does or is intended to confuse or mislead customers seeking company names products or services. This activity is actionable under federal law and causes you to be liable to company name in every state in which you have made sales or done business. Your activities are unlawful and constitute unfair use competition intentional patent infringement and dilution and false designation of origin. Federal Law provides numerous legal remedies for Patent infringement and dilution including but not limited to preliminary and permanent injunctive relief monetary damages claim to defendants profits destruction or confiscation of infringing products or items; and in cases where infringement is shown to be willful and intentional legal fees and up to treble 3x monetary damages. company name prefers to resolve matters such as these without the need to take legal action but it is prepared to take any action it deems necessary to protect its rights and property. You may avoid legal action by having an authorized representative sign this notice as indicated below and return the signed letter to us at the address listed below on or before date. This letter is sent without prejudice to company names rights and claims all of which are expressly reserved.

first name last name Signature job title company name address

address city state or province zip or postal code Phone. phone number Fax. fax number Email. e mail address The undersigned covenants to take the following actions.

1. Immediately cease and desist from any and all use of the infringing patent whether the patents are used in commerce or not now or in the future. 2. Insert whether transfer of rights of the undersigned to any infringing domain names or other property must occur and the terms of such transfer. 3. Immediately cease the use and distribution of all infringing products works works derived from the patents whether obscured or not and all copies of such infringing materials. 4. Deliver an accounting of all sales or commerce your Company has engaged in using our Patent including customer lists invoices models sold and prices. Signature. Job title of signator authorized signature or signer. Date when the contact was signed

How to write my Copyright Cease and Desist Notification Form document (alternate or related contract document)

CEASE AND DESIST LETTER Dear contract first name contract last name It has come to our attention that you have made an unauthorized use of our copyrighted work entitled Insert the name of the infringed work the Work in the preparation of work derived therefrom. have reserved all rights in the Work which was first published in Insert the publication date of the infringed work on Insert the URL of original work and have registered the copyright. Your work entitled Insert the name of the infringing work and which appears on your web site at Insert the URL of infringing site is essentially identical to the Work and clearly used the Work as its basis. Give few examples that illustrate direct copying and or unfair use. You neither asked for nor received permission to use the Work as the basis for Insert the name of the infringing work nor to make or distribute copies of it. Therefore believe you have willfully infringed my rights under USC 101 et seq. and could be liable for statutory damages as high as 100 000.

I demand that you immediately cease the use and distribution of all infringing works derived from the Work and all copies of it and that you deliver to me all unused undistributed copies of it or destroy such copies immediately and that you desist from this or any other infringement of my rights in the future. If have not received an affirmative response from you by date indicating that you have fully complied with these requirements shall consider taking the full legal remedies available to rectify this situation. Sincerely first name last name e mail address Phone. phone number Fax. fax number

job title company name

How to write my Employee Resignation Agreement (Non-Compete) document (example of another included contract document)

RESIGNATION AGREEMENT NON COMPETE AND NON SOLICIT CLAUSES company name Employer or Company and contract first name contract last name Employee hereby agree to this Resignation Agreement effective current date. As reminder the Employers nondisclosure and non distribution agreements are excerpted below. Employee and Employer had an employment agreement from start date through end date and agree to the following terms and conditions. Nondisclosure Employee will not disclose or distribute in any format or forum any information about the Employer or its customers vendors owners shareholders employees partners officers directors board members or Employers affiliated companies that Employee knows to be confidential or considered to be trade secret patent copyright trademark service mark or trade name. This shall also include any information on projects or products invented or developed by Employee or Employer during the course of their employment with Employer. Employee agrees not to make statements relating to their employment or this agreement that can be construed as libelous slanderous critical or otherwise derogatory of Employer or its employees agents partners shareholders officers directors board members and affiliated companies.

Non Competition During the term of Employment and for period of two years after the Resignation Date of this Agreement Employee shall not directly for the Employees benefit or any other third party other than Employer perform the following actions. * Perform any service for his her benefit or for another business in connection with the design development marketing manufacturing publishing distribution or sale of competing product. * Contact inquire or otherwise solicit sale of any competing product or service from any of Employers customers. * Engage in any type of activity or action that would cause any employee vendor contractor consultant or other agent of Employer to end its business relationship with Employer.

Company Property and Access to Company Resources Employee certifies that he she has turned in to Employer all letters documents memoranda papers notes and all electronic copies thereof or any other materials or Intellectual Property that are the rightful property of Employer. Employee also certifies that he she is not in current possession of any other tangible Employer property including but not limited to. keys or physical access devices products equipment media any Employer source code object code telephones charge cards vehicles or any other tangible property. Employees who have access to Employers computers servers accounts subscriptions or other Employer property shall not access those resources for any reason without explicit permission from the Employer. Outstanding Payments and Severance Employer will pay Employee any outstanding hours owed from an approved timesheet including any funds owed from health savings account or any medical contributions made by Employee to Company Health plan in the form of check mailed to Employees residence. A two week severance package shall be awarded to the Employee equal to the Employees last salary by Company check provided he she agrees to the terms and conditions in this Resignation Agreement. Employee is responsible for giving Employer any updates to his her address in order to receive tax documents 4 etc for the next tax year. Employer and Employee further agree that in the event of any breach or threatened breach of this Resignation Agreement or default hereunder; the injured party has the right to pursue any legal action available to enjoin the breaching party from further injurious conduct and or to recover damages from the breaching party for their conduct.

EXECUTED as of the date first written above. company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed EMPLOYEE By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed

Writing the Copyright Infringement Worksheet document (example of another included contract document)

COPYRIGHT INFRINGEMENT WORKSHEET Use this worksheet to gather information for putting together your copyright infringement case. Typically you are not going to go through this much work for copyright infringement case unless it is commercial in nature and you have protected your works with US Copyright Office registrations. This worksheet will allow you to create detailed description of the infringement that you can turn over to your lawyer to draft your response and explain your potential case. Since most copyright infringements are settled out of court detailed response can improve your chances for settlement in your favor. This is not legal advice consult your attorney for legal advice on how to pursue your case. Name of Company. Insert name of company caught infringing. Infringing Company Contact Information. Insert contact details for the infringing company such as physical address phone number email addresses web site URL etc. Background. Insert description of the infringement such as how it was discovered.

Timeline. Insert timeline of the infringement such as when it was discovered and any research that can pinpoint specific events related to the infringement such as timestamps on files. Also include any dates for the creation of the works as well as dates of copyright registrations. Description of Infringing Works. Insert description and examples of the work that is infringing on yours. Include screenshots URLs references to printed materials etc. Description of Infringed Works. Insert description and examples of the original work that was infringed. Include screenshots URLs references to printed materials etc. Comparison of Infringement.

Insert comparison of the infringing works and the infringed works and describe how much was infringed. Extent of Infringement. Insert description of how extensive the infringement is or could be such as number of copies distributed or amount of web site traffic that has used the infringing works. How the Infringement Occurred. Insert description of how you believe the work was infringed and how many ways it could have been infringed. Nature of Infringement. Insert description of the nature of the infringement such as being used commercially or non commercially. Extent of Damages.

Insert description of the financial losses that can be attributed to this infringement such as loss of sales if the work had been purchased from you. If the infringement is commercial in nature describe the sales revenue the infringer could have made from the infringed work that you are entitled to. Protections of Infringed Work. Insert description of how you have protected this work or not. If you have submitted the work to the US Copyright Office and have obtained registered copyrights list the copyright registration numbers and registration dates. Analysis of the Infringement. Insert your analysis of the infringement such as how you proved the infringement. Since most copyright infringement has digital trail has your analysis pointed to any proof of willful infringement such as another persons name tagged in documents properties. Does your analysis show any digital fingerprints such as identical styling font types unique formatting identical color palettes etc. that shows it was directly copied. Whats Been Done. Insert description of any actions you have taken so far such as communications you have had with the infringing party or with parties that have any connection to the infringement such as web site hosting company hosting the infringing material.

Retrieval of Proof. Insert description of how you have maintained copies of the infringement so that it can still be proven if the situation changes such as the infringing work being discovered online. Have you downloaded copies of the infringement in case it is hidden from view. Our Demands. Insert list of your demands from the infringer. These may include removal of the infringing works payment for use of the material and legal fees identification of any other infringements not yet known about agreement to not copy material from you in the future etc. If Demands Not Met.

Insert description of what you will do if the demands are not met or compromise is not reached. Actions might include filing lawsuit submitting DMCA takedown request to web site hosting company and search engines etc.

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