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A Great Response to a Cease and Desist Letter

abovethelaw.com

141–150 of 172 posts

Re: A Great Response to a Cease and Desist Letter

#141
post #45

Earlier quoted context omitted.

For all intensive purposes, your right, but is they're really any need to go over things with a fine toothcomb? As me and everybody else seems to feel, the point hear is mute, and I'm sure yourself agrees. Its clear enough what was meaned.

What are you doing?! I think you just gave me cancer!

Cancer is unlikely, though some people can come out in a mild rash.

Exposure therapy is the usual treatment.

Re: A Great Response to a Cease and Desist Letter

#142
post #123

This reminds me about how important it is to have a solid lawyer, and an understanding of the legal ecosystem. Even in cases like this with typos, "respond in ten (10) days" can be quite intimidating, especially when there's a money/legal power asymmetry. In one such case, Monster Cable issued a C&D to a much smaller, Blue Jeans Cable. The founder actually worked in litigation for 19 years and I found this portion of…

A while ago, some folks in my country of origin started to make efforts towards a bill that (had it passed -- needless to say, it had no chance) might have provided some form of solution here. The essence of the bill was that, if one of these bullies sent an unfounded cease and desist letter that failed to explicitly cite its legal basis and was aimed at a company for whom full legal procedures would have had a signi…

It is not the duty of the state to provide legal funds to a private company. If the company goes bankrupts in the middle of or shortly after the trial, the taxpayers have paid for it and will never get that money back.

Re: A Great Response to a Cease and Desist Letter

#143

Earlier quoted context omitted.

The best line of that letter: Not only am I unintimidated by litigation; I sometimes rather miss it.

If quoted verbatim, the semicolon is used incorrectly. It should be a comma.

Looks correct to me; it joins two independent but topically related clauses.

https://en.wikipedia.org/wiki/Semicolon#Usage

Re: A Great Response to a Cease and Desist Letter

#144
post #35

Scribd is a parasite. EDIT: oh look, the document is viewable again. I'm guessing someone paid scribd their ransom fee.

I love requiring javascript to view text . The mind spins.

It's till better than needing a plugin or stand-alone app to read text in the original PDF format.

Re: A Great Response to a Cease and Desist Letter

#145

It's true that most cease-and-desist letters contain awful legalese, but here's a great example of a well-written, classy one: https://brokenpianoforpresident.files.wordpress.com/2012/07/...

Why does JD have a trademark claim here in the first place?

AIUI, trademark is not a tool to protect the manufacturer/seller of a product, but a tool to protect the consumer, to help them avoid confusion in believing that a similar-looking product is from the brand "owning" the trademark.

How can a book (especially an ebook!) be confused as a Jack Daniels product? Surely the purchaser has no expectation that they'll be able to drink from the book.

My understanding is that similar names in unrelated industries do not clash over trademark. For example, Gibson Guitars and Gibson performance cat-back exhausts are so vastly different (despite both making sweet sounds) that nobody is going to be confused

Re: A Great Response to a Cease and Desist Letter

#146
post #40

Don't agree with the humor and tact of this letter even though "it worked". "Shmucking" someone can backfire in many cases and cause a bigger problem. To be spiteful (I mean do we really know the mental state of the attorney writing the c and d?) maybe he would decide pro bono to file some action even knowing it might fail, on his own time, to defend his honor. Which this attorney would then have to defend pro bono.…

An article that showed up here a few months ago, by someone who's been through a lot of stuff like this, argued that the more blustery the C&D, and the more impressive the legal firm sending it, the more rude and dismissive you should be in response. Generally, people go for impressive scary letters when they don't actually have a leg to stand on, so it's best to just make it obvious that it won't work.

I have no way to evaluate that claim but it sounds like the tone of the response isn't likely to hurt you in front of a judge.

Re: A Great Response to a Cease and Desist Letter

#147

Earlier quoted context omitted.

If quoted verbatim, the semicolon is used incorrectly. It should be a comma.

Looks correct to me; it joins two independent but topically related clauses. https://en.wikipedia.org/wiki/Semicolon#Usage

"Not only am I unintimidated by litigation" doesn't make sense on its own, so I personally wouldn't use a semicolon here

Re: A Great Response to a Cease and Desist Letter

#148

Earlier quoted context omitted.

If quoted verbatim, the semicolon is used incorrectly. It should be a comma.

Looks correct to me; it joins two independent but topically related clauses. https://en.wikipedia.org/wiki/Semicolon#Usage

I agree with @dmgd - the first clause is a fragment and doesn't sound correct.

Re: A Great Response to a Cease and Desist Letter

#149
post #147

Earlier quoted context omitted.

Looks correct to me; it joins two independent but topically related clauses. https://en.wikipedia.org/wiki/Semicolon#Usage

"Not only am I unintimidated by litigation" doesn't make sense on its own, so I personally wouldn't use a semicolon here

That's true, my mistake.

Re: A Great Response to a Cease and Desist Letter

#150

It's true that most cease-and-desist letters contain awful legalese, but here's a great example of a well-written, classy one: https://brokenpianoforpresident.files.wordpress.com/2012/07/...

Why does JD have a trademark claim here in the first place? AIUI, trademark is not a tool to protect the manufacturer/seller of a product, but a tool to protect the consumer, to help them avoid confusion in believing that a similar-looking product is from the brand "owning" the trademark. How can a book (especially an ebook!) be confused as a Jack Daniels product? Surely the purchaser has no expectation that they'll…

You can buy a Jack Daniels T-shirt with the label printed on it. Presumably, no one thinks they can drink a T-shirt, but the product is produced by (or at least licensed by) Jack Daniels.
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