A form of publication which tends to cause one to lose the esteem of the community is defamation. This is injury to reputation. A person can be held liable for the defamation of another. In order to prove defamation, the plaintiff must prove:
- that a statement was made about the plaintiff's reputation, honesty or integrity that is not true;
- publication to a third party (i.e., another person hears or reads the statement); and
- the plaintiff suffers damages as a result of the statement.
Slander is a form of defamation that consists of making false oral statements about a person which would damage that person's reputation. If one spreads a rumor that his neighbor has been in jail and this is not true, the person making such false statements could be held liable for slander.
Defamation which occurs by written statements is known as libel. Libel also may result from a picture or visual representation. Truth is an absolute defense to slander or libel.
Some statements, while libelous or slanderous, are absolutely privileged in the sense that the statements can be made without fear of a lawsuit for slander. The best example is statements made in a court of law. An untrue statement made about a person in court which damages that person's reputation will generally not cause liability to the speaker as far as slander is concerned. However, if the statement is untrue, the person making it may be liable for criminal perjury.
If a communication is made in good faith on a subject in which the party communicating it has a legitimate right or interest in communicating it, this communication may be exempt from slander liability due to a qualified privileged.
The following form letter demands that someone cease making libelous or slanderous statements, or appropriate legal action will be taken.
A Cease And Desist Letter For In California
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Sending your cease and desist letter Once you've written your letter, the next step is to send it via certified mail so you have a record that it has been sent. The optimal result, of course, is that the recipient of your letter stops engaging in the activity that's harmful to you.
I demand that you immediately cease the use and distribution of name of infringing work and all other infringing works derived from the Work, and that you delete or remove from circulation all copies, including electronic copies, of same; that you deliver to me, if applicable, all unused, undistrib- uted copies of ...
The cease and desist letter should include a clear and concise description of the harassing or offending behavior. The letter should also include the amount of time you are giving the recipient to remedy the issue and possible consequences. Remedying the issue typically means stopping the unlawful action.
Grounds for a cease and desist letter often involve situations like intellectual property infringement, where your patented, trademarked, or copyrighted work is being used without authorization. In these cases, a cease and desist letter serves as a formal demand to stop this unauthorized use.
Whether you are experiencing harassment or infringement of your copyright, sending a cease-and-desist letter is an option available to you. They are relatively simple to write up and you don't even need an attorney to serve them.
A cease and desist letter is a forceful and formal requests to discontinue an activity with the potential for legal action. It must include key components such as identification of the issue, evidence to support claims, consequences & a legal basis for demands.
Receiving a cease and desist letter is a serious issue. It indicates the sender's intention to pursue you for the alleged wrongdoing if you do not follow their demands. Receiving a cease and desist letter does not necessarily mean you will end up in Court.
Harassment. If someone is harassing you, a cease and desist letter may convince them to stop. However, you are not required to send a cease and desist letter before taking legal action.
The company was ordered by the court to cease and desist from selling the photographs.
It is not a legally binding document and may be completely frivolous or difficult to support in court. Even if it is drafted by an attorney, and most reputable attorneys will not help draft a cease and desist letter without merit, it does not guarantee the letter must be followed.
