Cease & Desist Tally So-Far: 5

Cease & Desist orders are something that we have to deal with every year and 2008 is no exception. There are only two positives to this year's trend of C&Ds, the first is that the language of them, for the most part, has been a lot less hostile, the second is that all of the companies sending us C&Ds are repeat offenders.

Here is the list of retailers that have sent us Cease & Desist notices:

1. Walmart - View Walmart's Cease & Desist Letter
Same deal as last year, we were sent a preemptive letter saying that we now have prior knowledge that Walmart's Black Friday advertisements are not to be released to the general public before Monday, November 24th (4 days before Black Friday). Therefore, whether or not the Walmart ad is leaked before November 24th, we can and will not post it.

2. Sears - View Sears's Cease & Desist Letter
Sears has sent us Cease & Desist notices in the past, but this year is different. Upon further correspondence with Sears, we are only legally required to remove the Sears advertisement scan and any images derived from the advertisement scan. The text listings, available here, are allowed to remain posted. This is in spite of a Sears' Press Release (that was released the same day their Black Friday advertisement leaked). We apparently released the advertisements earlier than Sears wanted, although they do have plans to "leak" their sales prior to Black Friday.

3. Big Lots - View Big Lot's Cease & Desist Letter
These guys are jokers, we're not even going to bother posting the Big Lots advertisement this year. Last year, Big Lots told us to take down our archived 2006 Big Lots advertisements because they weren't intended to be released yet. Apparently they didn't realize that the 2006 advertisement was at the time, a year old.

4. Macy's - View Macy's Cease & Desist Letter
This Cease & Desist is similar to Walmart's, except it doesn't seem like Macy's knows exactly what they want to do. We are not allowed to post their Black Friday advertisement, but they might change their mind and want us to post it. They'll keep us updated.

5. Ace Hardware - View Ace Hardware's Cease & Desist Letter
Because Ace's advertisement scan was leaked all the way back in August, and their leaked 2007 advertisement was slightly different than the final 2007 advertisement, we understand Ace's position. We also appreciate the promise of providing us with a finalized advertisement in early November.

BONUS. Office Depot - View the 2005-2007 lawsuit between myself and Office Depot
We never will post anything related to Office Depot. Nothing. Ever. Why? Because in 2005, after complying with a Cease & Desist within the stated time period, their litigation attorney, (who sent the C&D) still initiated a lawsuit against BFAds and myself. You can view the lawsuit here at the Palm Beach County Clerk website. I was never served, never had to appear in court and the lawsuit was eventually dismissed (a year later) without me having to do anything. In fact, I never would have even known of this lawsuit unless I hadn't read about it in a Palm Beach newspaper article. None-the-less, considering the volatile temperament of the people working in the Office Depot legal department, we're not going to tempt fate again.

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