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F E Smith
F E Smith, Advocate
Category: Law
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Experience:  I have been practising for 30 years.
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A few years ago, I release a series of books called

Resolved Question:

A few years ago, I release a series of books called "Master the Art of Unreal Engine 4". Recently, a large book publisher, who was in talks with me to work with them, recently released a book series called "Master Unreal Engine 4", which covers a lot of what my original books covered.Is there anything I can do in this situation? Do I have the right to send a cease and desist letter or is there nothing I can do?
Submitted: 8 months ago.
Category: Law
Expert:  F E Smith replied 8 months ago.

Leaving the title aside, would the average person in the street pickup the two publications and think that either it was the same both on the cover and inside all that it was just an updated version of your original publication?

Customer: replied 8 months ago.
Well due to the fact that there's few Unreal Engine 4 publications, I think they could get confused, yes. I honestly believe they could mistake this for an updated version of my book.My first book: https://images-na.ssl-images-amazon.com/images/I/51pM0kCM8vL._SX258_BO1,204,203,200_.jpg
Their book: https://www.packtpub.com/web-development/mastering-unreal-engine-4x
Customer: replied 8 months ago.
I think the problem I have here is they approached me to pick me up to write for them and when I declined, this book appears.
Expert:  F E Smith replied 8 months ago.

They are harassing you. Harassment is a course of conduct (more than twice) which either harasses intentionally or unintentionally that the average man in the street would consider to be harassment. It’s a criminal offence under the Protection from Harassment Act and is a police matter. You need dates and times of all the incidents and also what has been said.

The police may not want to pursue this if they don’t think there’s enough evidence to bring successful prosecution but they should follow up every complaint and hopefully give the culprits a warning.

You can also make a civil application for a court order to stop them speaking to you or mentioning you to any third party. Unfortunately, there is no legal aid for this.

They are also slandering you and in conjunction with the court order to stop them speaking to you or mentioning you to any third party under the Protection from Harassment Act you can also apply for a court order (injunction) to prevent any common-law defamation.

The threat of those court applications and a report to the police, coming from a solicitor may do the trick without the need to go to court.

If you do get the court order and they carry on doing what they are doing, they are liable to be arrested.

Can I clarify anything for you?

Please don’t forget to rate the service positive. It’s an important part of the process by which experts gets paid.

Best wishes.

FES.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8977
Experience: I have been practising for 30 years.
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