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cease and desist

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janedoe On July 04, 2006




,
#1New Post! Jul 04, 2006 @ 12:06:21
can you still be sued if you comply with a cease and desist order?
treebee On April 13, 2015
Government Hooker

Moderator




London, United Kingdom
#2New Post! Jul 04, 2006 @ 12:07:12
hang on tino did a thread about this somewhere! I will looky for it
BabyRS On February 14, 2015




, Singapore
#3New Post! Jul 04, 2006 @ 12:09:27
@treebee Said
hang on tino did a thread about this somewhere! I will looky for it


https://www.theforumsite.com/forum.php?t=3954
treebee On April 13, 2015
Government Hooker

Moderator




London, United Kingdom
#4New Post! Jul 04, 2006 @ 12:09:40
Ok its more to do with copyright laws, so not relevant, sorry
janedoe On July 04, 2006




,
#5New Post! Jul 04, 2006 @ 12:13:59
it not for copyright, it is for posting a stupid email.
treebee On April 13, 2015
Government Hooker

Moderator




London, United Kingdom
#6New Post! Jul 04, 2006 @ 12:16:28
https://www.theforumsite.com/forum.php?t=54104 actually this is the thread i was thinking of!

Dont worry, i wont bother trying to help again
BabyRS On February 14, 2015




, Singapore
#7New Post! Jul 04, 2006 @ 12:25:26
Lawyers send cease-and-desist letters, not as a courtesy, but because of cntinued action after notice is served, which results in a substantially higher liability.

Cease-and-desist letters will NEVER say, "Stop (whatever you're doing) or we'll sue you." A threat to sue, or even identifying conduct as infringing, is usually enough to grant subject matter jurisdiction for a declaratory relief action, i.e. the recipient of such a letter can go to court as a plaintiff and sue the sender, seeking that the judge issue a judgment declaring the plaintiff not guilty.

Accordingly, cease-and-desist letters will always be phrased along the lines of, "Should you fail to comply with the demands herein, [CLIENT NAME] may avail itself of such rights and remedies provided pursuant to applicable state and federal law, and said rights and remedies are expressly reserved herein."

The strategic use of the word, "may." Should anyone ever be on the receiving end of such a letter, it is perhaps noteworthy that just because it doesn't say, "Stop or we'll sue you" doesn't mean that you're not about to get sued.

However, it would be a rarity. It is simply not cost-effective (even for large corporations) to do so. It depends on the content of the email, though. You may like to seek the advice of a lawyer on this one if you feel that its a cause for concern.
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