Seminar assignments - Cease and Desist Letter PDF

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Cease and desist letter...

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Jackson & Lee, PLLC 123 Bedford Avenue Lynchburg, VA, 24502 (434) 555-1234 November 29, 2011 VIA FedEx Mr. Ken Doe Ken’s Contracting, LLC 101 Main Street Lynchburg, Virginia, 24502 Re:

Phoebe’s Photography, LLC (“Phoebe’s”)

Dear Mr. Doe: We are counsel to Phoebe’s, the owner of photography displayed on their website, www.phoebesphotographyllc.com. It has come to our attention that you have been using photographs from Phoebe’s website on your own website without proper written consent. The use of Phoebe’s photographs in this manner is irreparably harming Phoebe’s goodwill and constitutes copyright infringement in violation of both United States and Virginia law. Such use of photos from Phoebe’s website creates a likelihood of confusion with the ownership and creates the erroneous impression that your business and its services somehow have a right to Phoebe’s photographs. Only the owner of a copyright has the exclusive right to reproduce the copyright work. Photographing a copyright work amounts to reproducing it (Verbauwhede, 2012). Therefore, immediately cease and desist all use Phoebe’s photographs, destroy all your inventory of offending advertising, literature and other material, remove the photographs from your website (www.kenscontracting.com), and delete the Facebook page bearing Phoebe’s photographs. In addition, we must insist that you refrain from any such use in the future. While our client would prefer that you cease and desist such activities voluntarily, our client will, if necessary, initiate legal proceedings to cause your compliance and to enforce Phoebe’s rights to the exclusive use of the photographs. Nothing in this letter should be construed as a waiver, relinquishment, or election of rights or remedies by Phoebe’s. Phoebe’s expressly reserves all rights and remedies under all applicable laws of the United States (federal, state, and common law). We look forward to your cooperative reply stating that you have complied with this letter. Sincerely,

John J. Jackson, Esquire

cc:

Ms. Phoebe Smith (via e-mail only)

References Verbauwhede, L (2016). Legal Pitfalls in Taking or Using Photographs of Copyright Material, Trademarks and People. Retrieved on June 14, 2016 from http://www.wipo.int/export/sites/www/sme/en/documents/pdf/ip_photography.pdf....