This is possible but it would be highly unusual. Most C&D letters absolutely want to be publicised, at least to some extent, because they want to warn others off too.There isn’t. But I guess it’s possible that the C&D threatened further action if they talked about it and they decided that wasn’t a fight they wanted to start.
I guess maybe they might say "We believe you have already caused us damage, and we will sue you for those damages. However, if you stop now, and promise not to tell anybody, we will not sue you."This is possible but it would be highly unusual. Most C&D letters absolutely want to be publicised, at least to some extent, because they want to warn others off too.
It's also hard to see on what basis you could demand the person receiving the letter shut up. There'd be no legit legal basis, so what they'd be saying cease and desist and if you don't also keep the letter secret we'll pursue you even though you ceased and desisted? It's true that some legal letters request confidentiality but it's toothless nonsense.
I can't speak for every US state but in England and Wales and I suspect most of the common law world, any judge seeing that would be very unhappy indeed.
The usual reason C&D letters get hidden,when they are (which is rare in gaming and media) is that they're embarrassing to the recipient. For example, getting a C&D from the owners of the Red Dawn movie/videogame trademark would be pretty embarrassing, because it was obviously a dumb move to call this Red Dawn.
Equally do we even know they got a C&D? "Circumstances outside our control" doesn't scream C&D to me. It could cover a huge number of things.
Yeah I guess based on cases and law I'm aware of (which is largely E&W but other common law nations a bit too) I don't think this would be very effective. I guess if the Red Dawn people refused to pay for competent legal advice maybe they might back off?I guess maybe they might say "We believe you have already caused us damage, and we will sue you for those damages. However, if you stop now, and promise not to tell anybody, we will not sue you."
As for why they might do that, I don't know. I guess some companies may want to protect their IP but not appear overly litigious to their fan base?
Dunno. I'm literally just guessing here.
Interesting. Sounds like there was no actual C&D, just a "check yourself before you wreck yourself". The description makes it sound like either yeah it's the Red Dawn people, or if it's WotC their complaint is primarily about trade dress, i.e. that it looks too much like Dark Sun.They made a follow-up post on the Kickstarter saying "Last week, we were politely warned that because of a few elements within our presentation of the Kickstarter page, legal action was highly likely without a change. We worked with the group who warned us, as well as with legal experts and trusted advisors, and a change was not possible given the deadline of the Kickstarter campaign."
So either Wizards or whomever has the rights to the Red Dawn movie, or possibly a third party saying "Dude, there's no way that's going to get past Wizards' lawyers."
Stryxhaven isn't a rip-off of Harry Potter but a WotC version of the trope Wizarding School.
Before Harry Potter was published the worst witch was even an action-live production with Tim Curry.