Tabberone is pronounced tab ber won |
|
October 8, 2003
Re: Creative Memories Dear Ms. [Victim]: As stated in our correspondence dated May 17, 2002, this firm represents The Antioch Company, including its Creative Memories division, in intellectual property matters. It has come to our client's attention that in connection with the promotion of your auctions on eBay®, you appear to have reproduced proprietary product photographs. Specifically, we refer to the numerous “thumbnail” pictures appearing in the results list for your seller id [seller ID] These photographs, mainly depicting the CREATIVE MEMORIES® Cathedral Window, Christmas Carolers, Christmas Lights, Wedding Day Cake, Umbrella, Christmas Sleigh, Cowboy Hat, Church, Cowboy Boot, Cupid and Firecracker die cut products, appear to be reproductions of works published by The Antioch Company in a Consultant-only purchasing guide. As stated in our prior correspondence, making unauthorized copies of proprietary photographs, advertising literature, or two-dimensional works of art constitutes infringement. Only copyright owners have the exclusive right to reproduce, prepare derivative works of, and distribute copies of, their copyrighted works. See 17 U.S.C. § 106. In order to resolve this matter, we require your written assurances, via return electronic mail within ten days from the date of this letter, stating that you shall refrain from the unauthorized reproduction and use of Antioch's product photographs. This condition applies to the reproduction of works from their original publication source (the CREATIVE MEMORIES® web site, Scraps magazine, product catalogs, promotional material, etc.) and to the reproduction of unauthorized copies of proprietary photographs appearing on other eBay® auction sites. Please also inform us of the circumstances under which you were able to access photographic works appearing in a Consultant-only purchasing guide. Thank you for your prompt attention to this important matter. We await your response. Sincerely,
PORTER WRIGHT MORRIS & ARTHUR LLP |
General Articles | Cease and Desist Letters | Federal Court Cases | FAQs & Whines | Glossary | Hall Of Shame | Contributions
Corporate Lawyers |
Definitions |
Federal Court Cases Alphabetically | by Federal Circuit | by Subject | by Court Quotations |
Federal Statutes Copyright Act 17 U.S.C. 5 | Digital Millenium Copyright Act 17 U.S.C. 12 | Lanham Act 15 U.S.C. 22 |
VeRO (Verified Right's Owner Program) VeRO Commandments | VeRO-Verified Rights Owners Program | Counter Notice Letter Counter Notice (pre-2003) | Counter Notice present | On-Line Survey from 2004 | Articles about VeRO | What To Do If You Are Veroed |
Original material by Karen Dudnikov & Michael Meadors is © 1999-2017 |