4 ms·
It depends on what they are doing. A lawsuit is explicit, as is a contract. But a Cease & Desist may or may not be explicit.
by MR4D 5y ago
It depends on what they are doing. A lawsuit is explicit, as is a contract. But a Cease & Desist may or may not be explicit.
- tiahura 5y agoThen they’re not very good cease and desist letters. A C&D should state exactly what you are asking them to stop doing and exactly what will happen if they don’t. That way the other party can’t claim they didn’t understand later. Search C&D samples on google and see for yourself.
- MR4D 5y agoYou mean like this? “Your failure to abide by your Agreements will result in [redacted] pursuing any and all available remedies, including but not limited to injunctive relief and monetary damages.” So, I don’t consider this very specific (you may, and that’s fine but then our disagreement is about something different).
- tiahura 5y agoYes, language like that. Put it this way, a cease and desist should contain an IF THEN. If you don’t stop copying my CD then I will sue you for injunctive relief and monetary damages. Contrast that to the subject email. There’s no if you don’t respond then I will sue you. It’s not a threat, it’s a request and the requestor’s reference to a statute that they think might apply.