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The civil harassment laws say harassment is: Unlawful violence, like assault or battery or stalking, OR. A credible threat of violence, AND. The violence or threats seriously scare, annoy, or harass someone and there is no valid reason for it.
If someone is infringing your trademark or copyright, use a cease and desist letter to make a formal request for them to cease the infringing activities. This shows that you mean business and are prepared to pursue legal action if necessary.
Anyone can send a cease and desist letter. An attorney does not have to be involved. However, an attorney can advise complainants on whether their rights have been violated and if they have legal and meritorious rights to send a cease and desist letter. The attorney also knows the correct language to use.
Harassment, covered by state code § 3-803, is defined as following another individual in or around a public place, or maliciously engaging in repeated behavior that seriously annoys or alarms another individual: With the intent to annoy, alarm or harass.
Cease and desist letters are serious and can lead to major action down the line. In most cases, an email or call for someone to stop what they're doing is enough. It's only after that that a letter is the way to go.
Types and Elements of Cease-and-Desist LettersStop harassment from debt collectors. Stop trademark and copyright infringement. Stop libel or slander. Stop personal harassment.
What is the Penalty for Harassment in Maryland? Harassment is a misdemeanor offense. A first offense carries a potential term of imprisonment of up 90 days, a fine of up to $500 or both. A second or further crime of harassment carries a prison term of up to 180 days, a fine of up to $1,000, or both.
In order to gain a conviction in a case of harassment, the state must prove that the defendant followed another in or about a public place, or that the defendant maliciously engaged in a course of conduct that alarmed or seriously annoyed another.
Stop harassment. You can also send a Cease and Desist Letter to stop someone from harassing or stalking you. It can help protect your privacy as well. A Cease and Desist Letter effectively operates as a warning to the harasser that legal action is imminent unless the offending behavior immediately stops.
The most common situations where a cease and desist letter before action is required are: IP breaches such as breach of copyright, passing off, unlawful use of trademarks or designs or inventions.