MATTHEW P. COLLINS
Attorney at Law
PO Box 191062
Atlanta, GA 31119
404-214-6070
Fax: 678-669-1518
July 19, 2008
VIA EMAIL AND FIRST CLASS MAIL
ThePlanet Internet Services
Ms. Andrea Almeida
1333 Stemmons Fwy, Suite 110
Dalla, TX 75207
Claimant Information:
Matthew P. Collins
Attorney for Lightspeed Media Corporation
PO Box 191062
Atlanta, Georgia 31119
Telephone: 404.214.6070
Fax: 678.669.1518
RE: Images contained on the following pages:
http://www.famousboard.com/jordan-ca...,start,30.html and any pages linked from this page with more images of Jordan Capri.
Ms. Almeida:
I represent Lightspeed Media Corporation and I am writing regarding the images contained on the above referenced web pages, which are owned and copyrighted by my client. Pursuant to Federal law and under penalty of perjury, I state that the information in this claim is accurate and that I am the authorized representative of my client and that I have full authority to bring this complaint on behalf of my client, the owner of these images.
This Notice of Claimed Infringement is sent to you pursuant to 17 U.S.C. 101 et.seq. of the Copyright Act of 1976 (as amended) as well as the notification provisions contained in the Digital Millennium Copyright Act (17 U.S.C. 512). This notice of claimed infringement is sent to you as you are listed as the agent for copyright infringement claims.
This notice is to inform you that the images referenced above are used in an unauthorized manner and said use has not been authorized by the owner of the copyright, Lightspeed Media Corporation. Moreover, this notice is to inform you of the unlawful acts of copyright infringement being committed by the posting of these images on the above referenced web site for which you are the service provider. Moreover, my client is the copyright owner and has not given permission or authorization for the use of the images by the above referenced web site(s).
Your customer& #8192; s unauthorized use of these valuable photographic images constitutes copyright infringement, as prohibited by the U.S. Copyright Act, 17 U.S.C. 101 et seq., and is in direct violation with the international rights of my client. Similar conduct has been expressly forbidden by such reported federal cases as Playboy Enterprises, Inc. v. Frena, 839 F. Supp. 1552 (S.D. Fla. 1993); Playboy Enterprises, Inc. v. Webbworld, 968 F. Supp. 1171 (N.D. Tex. 1997).
Each intentional unauthorized use of an image belonging to my client subjects your customer to potential liability for statutory damages and your failure to act expeditiously to remove the copyrighted images may subject you to liability as well. Said liability, under 15 U.S.C. 504 and 505, can include up to $150,000 per work, plus any costs and attorney''s fees incurred by my client in pursuing legal recourse against you and your customer.
Accordingly, we demand that you immediately comply as follows:
1. Remove the above referenced pages where the copyright images are displayed
2. Reply to this email stating exactly what time and date the images were removed from the site.
At this time, you are on notice that your facilities are being used to infringe the copyrights of Lightspeed Media Corporation, and therefore you also risk being held liable for any further infringements by your customer.
Nothing in this letter shall be deemed to waive or limit any of the rights or remedies of my client all of which are hereby expressly reserved.
Until this matter is satisfactorily resolved, we reserve the right to take such action as deemed advisable to assert our statutory right to recover damages, lost profits, attorneys'' fees, and any costs of recovery, and to otherwise take all available and reasonable steps to protect our interests, including but not limited to preliminary and permanent injunctive relief.
We appreciate your cooperation in this matter and I hope to hear from you today.
Sincerely,
/s/
Matthew P. Collins
Attorney at Law
PO Box 191062
Atlanta, GA 31119
404.214.6070
Fax: 678-669-1518
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