How to go about getting a cease and desist written

[priority1bc]

What is the name of your state (only U.S. law)? Maine

A company in California has been attacking our products and services for over two years. I am interested in a cease and desist letter and wondering the best way to go about this.

Should I find a local lawyer to write it up or find one in California?

How much should I expect to spend?

Basically we want them to stop publishing web pages that specifically name our company and it's officers along with lies & slander.

The more complicated issue is we would also like them to stop attacking our products by releasing their own "products" to confuse customers. They copied our old repair technique to fix a defective part after we produced a new and improved part to replace the poor design. They got a trade-mark name for this part and claim to have "the original" and "the only one" more importantly they also got a second registered name for the same part after it is installed. Their advertising and pictures are geared to make people believe they have an improved part when really what they offer is the original part with the repair technique applied to it. (All this after a year of claiming loudly that the original part had no issues and that our repair technique could only make it worse)

 

[seniorjudge]

Double post warning

What is the name of your state (only U.S. law)? Maine

A company in California has been attacking our products and services for over two years. I am interested in a cease and desist letter and wondering the best way to go about this.

Should I find a local lawyer to write it up or find one in California?

How much should I expect to spend?

Basically we want them to stop publishing web pages that specifically name our company and it's officers along with lies & slander.

The more complicated issue is we would also like them to stop attacking our products by releasing their own "products" to confuse customers. They copied our old repair technique to fix a defective part after we produced a new and improved part to replace the poor design. They got a trade-mark name for this part and claim to have "the original" and "the only one" more importantly they also got a second registered name for the same part after it is installed. Their advertising and pictures are geared to make people believe they have an improved part when really what they offer is the original part with the repair technique applied to it. (All this after a year of claiming loudly that the original part had no issues and that our repair technique could only make it worse)

https://forum.freeadvice.com/libel-slander-defamation-88/competition-lies-about-services-attacks-our-service-personal-attacks-410736.html

 

[priority1bc]

Double post warning?!?

Yes, this is over the same issue but this is a new and specific question about a cease and desist letter, NOT a double post.

Seeing as how I am attacked and accused of something instead of receiving any answers to a simple question I'll go look elsewhere for help.

Thanks and have a great day.....

 

[quincy]

You can find sample cease-and-desist letters online, and then tailor one to your needs. However, your best bet is to contact an attorney in your area and have the attorney draft and send one for you.

A cease-and-desist letter is just a letter and, therefore, has no force of law. It is not a court order. So you can certainly draft one yourself and send it.

The letter should state that the postings made about you and your company are defamatory and that if the defamatory comments do not cease (and the defamatory material removed), then legal action may be pursued.

Because a cease-and-desist letter is not a court order, the recipient of the letter can choose to ignore it. That is why I recommend you have an attorney send the letter.

The recipient can still ignore a cease-and-desist letter sent by an attorney. But when the letter is from an attorney, the recipient realizes that you are serious enough about the matter to contact an attorney and that you have probably discussed with the attorney the possibility of a lawsuit. The recipient realizes that you may very well sue.

The threat of legal action, coming from an attorney, may be all that is needed to stop the defamation and resolve the issue with the web pages. If not, you have the option of suing for defamation - but that gets extremely expensive, especially when you are dealing with an out-of-state company.

Good luck.