Stop the Violation before It’s Too Late
Video Transcript: Using Cease & Desist letters to protect your intellectual property in Oklahoma. I’m Tulsa, Oklahoma lawyer James Wirth, and that’s the issue that we’re talking about today is Cease & Desist letters, specifically as it relates to intellectual property. That could be trademark, copyrighted materials, those types of protections. You can lose those if you do not protect those.
But generally, before you file a lawsuit regarding them, you might want to do a process that is cheaper, faster, simpler, and that is a Cease & Desist letter. So if you’ve got where your copyright is being violated, you can get with a law firm and you can have them write up a Cease & Desist letter, put it on the formal letterhead, serve it through certified mail. Or if it’s even more important or you want to send an even stronger message, you can serve it by a process server or even by a process server to serve it in person.
So that gives the impression that this is serious, that it’s important. You advise of the violation and you note what could happen, i.e. a civil lawsuit, if they don’t immediately stop violating your copyrights. So if you’re a photographer and you’ve got photographs out there on the internet, someone takes those and puts it in another place on the internet that you did not give permission for, that’s a violation of your copyright. Same thing with a song, with music, or something that you’ve written. All of those things can be copyrighted, and if they’re copyrighted and someone is violating them, you want to prevent them and stop them from doing that.
The first step in that may be a Cease & Desist letter. Another one, trademark. In business, if somebody is violating your trademark, that is serious. You could lose your trademark if you don’t protect it. So you want to make sure you do so. You want to avoid any kind of confusion in the marketplace. So you can hire an attorney, have them draft up a Cease & Desist letter, serve that on them, and then at that point they know the violation, they know that it is a violation of law, and they know that there could be consequences if they do not resolve that by stopping that bad content. So that’s kind of how a Cease & Desist letter can be used in order to protect intellectual property, trademark, copyright, things like that.
If you are dealing with this scenario, you want to see how it applies to your specifics, you’re going to want to talk to an attorney privately and confidentially about that. To get that scheduled with a Tulsa cease and desist attorney at my office, you can go online to makelaweasy.com.