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.
Cease And Desist For Copyright Infringement In Middlesex
Category:
State:
Multi-State
County:
Middlesex
Control #:
US-00423BG
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
Using Cease-and-Desist Letters To Stop Copyright or Trademark Infringement. Cease-and-desist letters, often referred to as demand letters, are a valuable tool in defending your intellectual property rights, including copyrights and trademarks.
To show that another artist, creative or company used your work without your permission, gather evidence of what you believe is the infringement. This is anything proving your work was accessible and used without your permission, for example screenshots or photographs of the unauthorised use.
There are defences of “fair dealing” for the purpose of research, private study, criticism or for reporting current events. Fair dealing covers non-commercial research and private study, criticism review and the reporting current events. If the part of the work taken is not substantial, there is no infringement.
You can file legal proceedings either through the Intellectual Property Office ( IPO ) or through the courts. Some types of proceedings can only be filed through one or the other. For example, copyright infringement claims can only be filed through the courts.
To make a cease and desist letter effective, you must identify what the unlawful activity is. You must also state what the action is that you will take and the consequences if your letter is ignored and/or the recipient fails to comply.
Copyright Cease and Desist letters more often than not can lead to a quick and painless resolution of the matter if handled properly. An effective copyright infringement letter contains several parts: It identifies who the copyright holder is. It details who the infringing party is.
You can file legal proceedings either through the Intellectual Property Office ( IPO ) or through the courts. Some types of proceedings can only be filed through one or the other. For example, copyright infringement claims can only be filed through the courts.
