What’s a third letter complaining your website's been infringed and when do you need it?
This is the third communication in our suite of templates covering the infringement of your website by someone else.
It assumes that you have first sent the two earlier letters in this series.
This letter tracks the history and content of what you previously set out in the earlier letters.
It recognises that:• you may not have had a reply to your earlier letters, or• that the reply rebutted your allegations.
You’ll see that this letter does not offer you the option of reiterating your ‘let’s not involve the lawyers’ settlement offer. This is because the gloves are now off and, in this template, you are seriously and formally asserting the infringement of your rights and setting out the next formal steps that you will be taking to protect your rights.
This letter is still optionally marked as without prejudice, because if you sent the earlier letters with the settlement option, and marked them as without prejudice, this letter needs to be sent on the same, without prejudice basis.
At this stage, all three letters would not be disclosable in legal proceedings as evidence of your reasonable attempts to resolve the disagreement.
So:• if the infringer does not respond positively (or at all) to this third letter, (it is possible that this might bring them to the negotiating table in relation to the earlier settlement terms that you proposed), and• if you have already sent our open letter of complaint about website infringement, (which is disclosable in any formal legal action – as you’d want it to be),your next steps may well be to take legal advice about the merits, in your particular circumstances, of formally commencing a legal action.
If you decide to enforce your rights, having taken this advice, the next communication you’ll be sending your infringer is likely to be a more formal letter before action, or a formal claim letter, developed with your legal advisers.
If you have NOT yet sent the open letter of complaint about website infringement to the infringer, and you intend to start a formal legal action, you should send that letter as well as this one, either at the same time, or ideally, within a few days of sending this one.
That’s the letter that will serve as disclosable proof in law that you have clearly identified an infringement, asserted your rights, and made reasonable attempts to resolve the situation, which the infringer has rebuffed.
You may already have sent this open letter. It's often sent at the same time as the first without prejudice letter of complaint.