Cease and Desist Letter (with Undertaking)

Details

Phone: Email: 

[Address]

Dear [Sir/Madam],

We are the the owner of the copyright in ("Work"), which was created on by our employee during the course of  employment. We have enclosed a copy of the Work with this letter. 

On , we discovered the unauthorized use of the Work in. This amounts to infringement of our copyright in the Work because it closely resembles our Work. For your reference, we have also enclosed a copy of the infringing work in this letter. 

We take the protection of our rights very seriously and demand that by you:

(a) immediately cease using the infringing copies of the Work;

(b) immediately cease manufacturing, importing, distributing, offering for sale, promoting, selling or otherwise dealing in the infringing copies of the Work or any other product bearing the Work; and

(ᴄ) sign and return to us the attached Undertaking, failing which, we will issue legal proceedings against you without further notice. 

We strongly recommend that you seek independent legal advice immediately to act on this matter as this is a complex area of law.

In the meantime, all of our rights are expressly reserved.

Yours faithfully, 

Annexure

Undertaking

[DATE]

Dear 

In consideration of your agreeing not to issue legal proceedings and/or apply for interim relief against us to restrain our acts of copyright infringement of the Work as referred to in the letter dated , we undertake: 

(a) to immediately cease infringing the copyright in the Work 

(b) immediately cease manufacturing, importing, distributing, offering for sale, promoting, selling or otherwise dealing in the infringing copies of the Work or any other product bearing the Work; and

(ᴄ) to provide you within 10 days from the date of this undertakings full details of:

- the manufacturer of the infringing copies of the Work

- all the customers to whom we have supplied and/or sold the infringing copies of the Work to date; and

- the quantity of the infringing copies of the Work sold and/or sold to date, the selling price and profit earned per item

(d) to remove all references of the infringing copies of the Work from the website, promotional or marketing material;

(e) to deliver up and surrender to you all copies of the infringing Works in our possession, custody, power or control  within 10 days from the date of this undertaking

(f) to cooperate with and render assistance to you in all ways in the event you bring any proceedings against the manufacturer of the infringing copies of the Work ;

(g)to indemnify and keep you indemnified with all legal expenses incurred with our infringement of your copyright

(h) to pay such damages or profits relating to our infringement of your copyright as may be agreed or, in default of agreement, determined by the court.

Yours faithfully

________________________

[Infringing Party]

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