23 responses

  1. Deanna
    August 23, 2013

    Is there an expiration of a C & D? I see what it is and what it is not but someone referred to a C&D that was dated over a year ago???

    Deanna

    Reply

    • Katie Lane
      August 23, 2013

      It’s really up to the person or the organization who sent the letter to act on their demand. They might have a limited time in which to act, but that’s dependent on the law they’re trying to enforce.

      Reply

  2. tara
    October 30, 2013

    Do you have to be served a C&D in order to be sued? If you are selling products online that in your contractual agreement (not the one you sign when you start, but is on their website and you can view after you sign up) says you cannot sell on auction sites?

    Reply

    • Katie Lane
      November 1, 2013

      Hey Tara — that really depends on the claim they’re making and the rules of the jurisdiction in which they might sue. I’d recommend you talk with an attorney who specializes in litigation.

      Reply

  3. CD
    April 7, 2014

    Hey! Great info, thank you! I have a question though.

    I run a small blog and I accidentally used a photographer’s pic. I got a C&D letter, so I immediately took down the pic, and wrote back stating so. My blog is small, nobody almost visits, and it’s not monetized (non-commercial).

    Should I still contact a lawyer regarding this?

    Thanks!

    Reply

    • Katie Lane
      April 8, 2014

      Hi CD,

      Glad the post was helpful! Whether it makes sense to work with an attorney depends on (1) what happens next and (2) what you’d like an attorney’s help with. If the photographer is still concerned or if you have questions about what to do in similar situations, contacting an attorney may make sense.

      Best,
      Katie

      Reply

  4. liah
    May 5, 2014

    Hi,

    I have a question. I have an etsy shop selling handmade baby keepsakes. I just got a cease and desist letter from a competitor
    insisting that I had copied her baby books. Our books are similar however I personally designed and researched everything related to it. She is claiming copyright infringement but have not sent out a copyright document. I was given 24 hr to respond. What should I do?

    Reply

    • Katie Lane
      May 6, 2014

      Hi Liah,

      If you don’t feel comfortable responding on your own, the best thing to do is speak with an attorney. Look for someone with intellectual property litigation experience, particularly with copyright.

      Best of luck,
      Katie

      Reply

  5. Jaime
    June 3, 2014

    Hi Katie,
    I have a small bakery that has been open for over a year. We have used Facebook a lot to help us grow, but the other day our page was gone. I got an email stating we were in violation of a copyright with another company. This company is on the other side of country. We do have the same words in our name and both sale baked goods. Finally got an email from their attorney that if I agree to change the bakery name which I would have 3 months to change logo/sign everything, they would release my Facebook page. I was shocked, it would be like starting all over. I have contacted an attorney, but I have friends out there that think I need to contact the news media. I have no intentions on expanding as big as they are. We are a military family that opened a small bakery and I feel like we are being targeted for no reason at all. What is your advice?

    Reply

    • Katie Lane
      June 4, 2014

      Hi Jamie,

      I’m sorry to hear about your situation; it sounds stressful and baffling. My best advice is to listen to the advice of your lawyer. He or she will be in the best position to explain how the law applies to you in this situation and your different options for dealing with the matter. Sometimes a call to the media is justified and can be helpful, but that’s a decision best made with your attorney.

      Best of luck,
      Katie

      Reply

  6. Daniel
    June 26, 2014

    Hi,

    I received a cease and desist letter from my previous employer stating that I have been recommending and implementing third party investment managers with whom I came into contact as a result of previous employment.

    They just said I signed a non-competition and confidentiality agreement stating that proprietary info regarding my previous employer’s services, operations and subsidiaries are their sole property. They did not specify any laws that I breached nor do they have any copyright/trademarks on any of those third party investment managers. What is your advice?

    Thank you very much,

    Reply

    • Katie Lane
      June 27, 2014

      Hi Daniel,

      I’d recommend you look for an attorney in your area that specializes in employment law, particularly someone with experience representing employees. She or he will be able to review your employment contract with your former employer and advise you on your options.

      Good luck!
      Katie

      Reply

  7. joe
    August 9, 2014

    What if the Cease & Desist letter wasn’t from a lawyer? Never met the man but he sent me a cease and desist from “harassing,slander, libel and defamation”.

    Reply

    • Katie Lane
      August 11, 2014

      Hi Joe,

      Anyone can send a cease and desist letter. To get a better idea of what steps to take to respond to the letter, you should consult with an attorney in your area. They’ll be in a better position to review the letter and let you know what to do.

      Best,
      Katie

      Reply

  8. Ron!
    September 11, 2014

    Hey! I just want to ask, I work in a school (in the Philippines). I have a kid who’s parents are currently in an annulment case (parents are extremely at bad terms with each other). I consulted the higher ups of my school, and they said that we should first bar the dad from coming to school (in order to prevent any issue). I explained to the dad and he understood it. We requested a letter (issued by a local judge) which would entail him to see his son (just to be safe, we wouldnt want to aggravate the side of the mother). However, I received a C&D letter instead. Does that mean he might sue me? Or is it the same as the document I was requiring him to furnish? Thanks!

    Reply

    • Katie Lane
      September 12, 2014

      Hi Ron,

      I’d recommend talking with an attorney or the folks that run your school.

      Best,
      Katie

      Reply

  9. Ethan Furman
    December 1, 2015

    Thank you for your excellent article.

    Reply

  10. Richard G. Sigsworth
    June 7, 2016

    I live in Georgia and I am in dispute with a company in Florida. Their attorney has sent me a C&D. Is there such a thing as interstate licensed attorney’s or do I need to contact someone in Florida to help me?

    Reply

    • Dave
      June 10, 2016

      I got the same problem. Any ideas yret

      Reply

    • Katie Lane
      June 13, 2016

      Hi Richard,

      Many attorneys are licensed in more than one sate. I reccommend contacting someone near you and asking if they’d be able to handle the issue for you. They shouldn’t charge you to be able to tell you that. If they can’t help, they may very well know someone who can.

      Best of luck,
      Katie

      Reply

  11. Colin Sizemore
    July 20, 2016

    Great post Katie

    I have a storied history with an old friend which turned into a series of online spats and he claimed he was drafting up a C&D even though I know I was completely justified in sticking up for myself. The thing is, it still has me worried because it did get pretty ugly. Is this even possible? Thanks!

    Reply

    • Katie Lane
      July 20, 2016

      Hi Colin,

      Anyone can draft and send a C&D letter; whether there’s any legal validity to the letter is an entirely different story. If you get a C&D letter, working with a litigation attorney is the best way to figure out what to do.

      Best,
      Katie

      Reply

  12. Amy Tang
    January 16, 2017

    Very well explained. I really appreciate the insight here in this post and confident it’s going to be helpful to me and many others. Thanks for sharing all the information.

    Reply

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