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.
Sample Cease And Desist Letter For Patent Infringement In Tarrant
Category:
State:
Multi-State
County:
Tarrant
Control #:
US-00423BG
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
You should provide details of the alleged infringement; where is it found, what parts are being copied, etc. and the reason why you believe this is an infringement (e.g. unauthorised copying or distribution). State that you believe this is a breach of your legal rights and must stop.
It has come to our attention that you are distributing or reproducing The Work without permission. give specific details of infringing actions here. These actions constitute an infringement of my|our copyright in the work and must stop.
Debt Collectors Name. To Whom it May Concern: I am writing to notify you that under the Fair Debt Collection Practices Act, I am requesting that you to cease all communications with me. Please do not contact me at home or at work through any form of communication.
In patent disputes, C&D letters are frequently used to advise the recipient that they are infringing the patent rights of the patent holder and demanding the recipient to stop. Sometimes the patent holder may offer the recipient a license to the patent at issue.
Effective cease-and-desist letters include the following information: A thorough yet concise and clear description of the activity that must be stopped. The legal basis for your claim. The consequences if the recipient of the letter fails to comply. A deadline by which the activity must stop.
If you are writing the letter yourself, you should include the following information: Your name and contact information. Name and contact information of the person or business being asked to stop the behavior. Specifics about the activity you wish them to stop.
An infringement warning letter should typically include the following information: Identification of the Copyrighted Work. Description of the Infringing Material. Request for Removal. Warning of Potential Legal Consequences. Deadline for Compliance. Contact information. Identification of the copyrighted work:
Gather evidence of infringement: Take screenshots, URLs, or records proving unauthorized use. Draft a clear, legally structured letter: Include details of infringement, proof of ownership, and a demand for cessation. Use certified mail with return receipt: This provides proof the letter was delivered and received.
A cease and desist letter is a document sent by one party, often a business, to warn another party that they believe the other party is committing an unlawful act, such as copyright infringement, and that they will take legal action if the other party continues the alleged unlawful activity.
