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WotC Strixhaven/Kickstarter Red Dawn
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<blockquote data-quote="Ruin Explorer" data-source="post: 8451321" data-attributes="member: 18"><p>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.</p><p></p><p>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.</p><p></p><p>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 action being attempted after a C&D had been complied with, even if the recipient had ignored requests for confidentiality, would be very unhappy indeed.</p><p></p><p>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.</p><p></p><p>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.</p></blockquote><p></p>
[QUOTE="Ruin Explorer, post: 8451321, member: 18"] 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 action being attempted after a C&D had been complied with, even if the recipient had ignored requests for confidentiality, 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. [/QUOTE]
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