Lease
09-11-2007, 05:24 PM
Just got a PDF of a copyright infringement violation.
Page 1
1
Evil Angel, Inc.
VIA FACSIMILE, ELECTRONIC MAIL (*) *
and CERTIFIED MAIL RETURN RECEIPT REQUESTED
Re:
Evil Angel Inc.*
Cease and Desist Demand re Unauthorized Internet Distribution
of Evil Angel brand Motion Pictures
Copyright and Trademark Infringement
FORMAL NOTICE OF TRADEMARK AND
COPYRIGHT INFRINGEMENT
To Whom It May Concern:
This letter constitutes a formal warning and demand that you
immediately discontinue your unauthorized Internet distribution of Evil
Angel Inc.'s ("Evil Angel") motion pictures. Your failure to comply within
seven (7) days of the date of this letter will result in this matter being turned
over to our attorneys
.
Page 2
2
Evil Angel has produced and distributed motion pictures under the trademarks
EVIL ANGEL, EVIL ANGEL AND EVIL ANGEL DIGITAL. Evil Angel owns United States
Trademark Registrations for EVIL ANGEL and for EVIL ANGEL DIGITAL.
Evil Angel also owns copyrights for each motion picture having one of the above
identified titles. Those copyrights include not only the motion pictures, but their packaging as
well. Such copyrights are enforceable in the United States and throughout the world. Evil
Angel's motion pictures are sold only for the private viewing of the purchasers of the specific
DVDs and videotapes, and/or the individual resale of each videotape and each DVD. They may
not be copied, rented, lent, broadcast, published, performed or transmitted in any manner,
electronic or otherwise.
It has come to our attention that you are advertising, at your website identified on the
attached page, to show, display, transmit and/or download to others, various copyrighted Evil
Angel motion pictures. The titles of those motion pictures (so far discovered) are identified on
the attached list. You are not authorized to copy, sell, send, rent, publicly perform, transmit,
broadcast, upload or download any of Evil Angel's motion pictures, whether or not specifically
identified in this letter.
Your marketing, rental, lending, offering to download, downloading, transmitting,
publicly perform, broadcast or sale of goods under or bearing the EVIL ANGEL, EVIL ANGEL
VIDEO, EVIL ANGEL DIGITAL or under or bearing any of the titles identified above, or using
any other mark confusingly to any of them, constitutes infringement of Evil Angel's federally
registered and common law trademark rights, violates the federal Lanham Act, 15 U.S.C. §1125,
and violates various state laws prohibiting unfair competition. Those laws provide for awards of
damages and profits, as well as punitive and trebled damages, court costs and attorneys fees, as
well as an injunction requiring you to identify to us, and notify, each person to whom you sold or
transmitted the infringing motion pictures.
Your copying (whether to your computer server or otherwise), display, downloading,
uploading, broadcast, publication or transmission of any of Evil Angel's copyrighted motion
pictures, and/or the packaging for any of them, infringes Evil Angel's copyrights, in violation of
federal and international law. Your copyright infringement is subject to an award of your profits,
Evil Angel's damages, and an award of court costs and attorneys fees, under Title 17 of the
United States Code. Because your copyright infringement is willful, a court may also award
damages in the amount of $150,000 per title. These copyright damages may be awarded IN
ADDITION to those awarded for your trademark infringement.
Any action or award of damages, profits, punitive damages, attorneys fees or other
remedies, would identify not only your company or entity, but would name and create liability
for you individually, and for each person involved in the management of your company and web
site.
Additionally, Evil Angel is entitled to require your Internet Service Provider to shut down
your website.
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3
Demand is hereby made that you immediately cease all copying, marketing, offering to,
and/or transmitting, distributing, uploading, downloading and/or selling any version or copy
(other than re-sale of individual original, genuine, authorized DVDs and VHS tapes) of Evil
Angel's motion pictures and/or any motion pictures bearing any of Evil Angel's trademarks,
and/or Evil Angel's packaging for them.
So that we can resolve this matter with you and your company, we require that you
provide to us, for our receipt by 5:00 p.m. on the seventh (7
th
) day after the date of this letter:
A. Your written assurance that (other than the re-sale of individual original, genuine,
DVDs and VHS tapes sold by Evil Angel or pursuant to its authorization), with respect to motion
pictures bearing any of Evil Angel's trademarks, and/or containing or consisting of Evil Angel's
copyrighted motion pictures and/or packaging, including (but not limited to) all titles identified
above and in the attached list), you:
(1) have ceased marketing, displaying, offering to transmit, transmitting,
downloading or selling such motion pictures and/or the packaging for any of them:
(2) have secured and will hold, pending resolution of this dispute, and will not
further deliver, copy, transmit, distribute or destroy originals or copies of such motion
pictures; and
(3) will not in the future copy, market, display, broadcast, publish, offer to sell,
sell, distribute, transmit, download or upload such motion pictures.
B. Your written accounting for all motion pictures bearing any of Evil Angel's
trademarks, and/or containing or consisting of Evil Angel's copyrighted motion pictures,
including (but not limited to) all titles identified above and in the attached list), which were
copied, transmitted, downloaded, uploaded, sold and/or distributed by or for you, including the
quantity sold, quantity delivered, gross revenues and the identity and location of each such
delivery.
It is imperative that you timely provide the above described written confirmation and
information. Your cooperation and provision of the requested information and items will
determine whether the matter can be amicably resolved without litigation against you and your
company and whether your website will have to be shut down.
We look forward to your provision of the assurances that you have taken the requested
actions, and to your cooperation in amicably resolving this matter, to avoid the matter being
turned over to our attorneys for legal action.
Very truly yours,
Chris Norman
Vice-President
Evil Angel, Inc.
Page 4
4
Enclosure
cc: Allan Gelbard, Attorney at law
NOTICE OF TRADEMARK AND COPYRIGHT INFRINGEMENT
Date Prepared: August 22, 2007
Name of Infringer:
Title:
Pornutopia 2
Rocco’s Dirty Dreams 2
Should I be worried? Should I remove the files that they're referring to?
They emailed me directly via the Whois info from the domain.
Page 1
1
Evil Angel, Inc.
VIA FACSIMILE, ELECTRONIC MAIL (*) *
and CERTIFIED MAIL RETURN RECEIPT REQUESTED
Re:
Evil Angel Inc.*
Cease and Desist Demand re Unauthorized Internet Distribution
of Evil Angel brand Motion Pictures
Copyright and Trademark Infringement
FORMAL NOTICE OF TRADEMARK AND
COPYRIGHT INFRINGEMENT
To Whom It May Concern:
This letter constitutes a formal warning and demand that you
immediately discontinue your unauthorized Internet distribution of Evil
Angel Inc.'s ("Evil Angel") motion pictures. Your failure to comply within
seven (7) days of the date of this letter will result in this matter being turned
over to our attorneys
.
Page 2
2
Evil Angel has produced and distributed motion pictures under the trademarks
EVIL ANGEL, EVIL ANGEL AND EVIL ANGEL DIGITAL. Evil Angel owns United States
Trademark Registrations for EVIL ANGEL and for EVIL ANGEL DIGITAL.
Evil Angel also owns copyrights for each motion picture having one of the above
identified titles. Those copyrights include not only the motion pictures, but their packaging as
well. Such copyrights are enforceable in the United States and throughout the world. Evil
Angel's motion pictures are sold only for the private viewing of the purchasers of the specific
DVDs and videotapes, and/or the individual resale of each videotape and each DVD. They may
not be copied, rented, lent, broadcast, published, performed or transmitted in any manner,
electronic or otherwise.
It has come to our attention that you are advertising, at your website identified on the
attached page, to show, display, transmit and/or download to others, various copyrighted Evil
Angel motion pictures. The titles of those motion pictures (so far discovered) are identified on
the attached list. You are not authorized to copy, sell, send, rent, publicly perform, transmit,
broadcast, upload or download any of Evil Angel's motion pictures, whether or not specifically
identified in this letter.
Your marketing, rental, lending, offering to download, downloading, transmitting,
publicly perform, broadcast or sale of goods under or bearing the EVIL ANGEL, EVIL ANGEL
VIDEO, EVIL ANGEL DIGITAL or under or bearing any of the titles identified above, or using
any other mark confusingly to any of them, constitutes infringement of Evil Angel's federally
registered and common law trademark rights, violates the federal Lanham Act, 15 U.S.C. §1125,
and violates various state laws prohibiting unfair competition. Those laws provide for awards of
damages and profits, as well as punitive and trebled damages, court costs and attorneys fees, as
well as an injunction requiring you to identify to us, and notify, each person to whom you sold or
transmitted the infringing motion pictures.
Your copying (whether to your computer server or otherwise), display, downloading,
uploading, broadcast, publication or transmission of any of Evil Angel's copyrighted motion
pictures, and/or the packaging for any of them, infringes Evil Angel's copyrights, in violation of
federal and international law. Your copyright infringement is subject to an award of your profits,
Evil Angel's damages, and an award of court costs and attorneys fees, under Title 17 of the
United States Code. Because your copyright infringement is willful, a court may also award
damages in the amount of $150,000 per title. These copyright damages may be awarded IN
ADDITION to those awarded for your trademark infringement.
Any action or award of damages, profits, punitive damages, attorneys fees or other
remedies, would identify not only your company or entity, but would name and create liability
for you individually, and for each person involved in the management of your company and web
site.
Additionally, Evil Angel is entitled to require your Internet Service Provider to shut down
your website.
Page 3
3
Demand is hereby made that you immediately cease all copying, marketing, offering to,
and/or transmitting, distributing, uploading, downloading and/or selling any version or copy
(other than re-sale of individual original, genuine, authorized DVDs and VHS tapes) of Evil
Angel's motion pictures and/or any motion pictures bearing any of Evil Angel's trademarks,
and/or Evil Angel's packaging for them.
So that we can resolve this matter with you and your company, we require that you
provide to us, for our receipt by 5:00 p.m. on the seventh (7
th
) day after the date of this letter:
A. Your written assurance that (other than the re-sale of individual original, genuine,
DVDs and VHS tapes sold by Evil Angel or pursuant to its authorization), with respect to motion
pictures bearing any of Evil Angel's trademarks, and/or containing or consisting of Evil Angel's
copyrighted motion pictures and/or packaging, including (but not limited to) all titles identified
above and in the attached list), you:
(1) have ceased marketing, displaying, offering to transmit, transmitting,
downloading or selling such motion pictures and/or the packaging for any of them:
(2) have secured and will hold, pending resolution of this dispute, and will not
further deliver, copy, transmit, distribute or destroy originals or copies of such motion
pictures; and
(3) will not in the future copy, market, display, broadcast, publish, offer to sell,
sell, distribute, transmit, download or upload such motion pictures.
B. Your written accounting for all motion pictures bearing any of Evil Angel's
trademarks, and/or containing or consisting of Evil Angel's copyrighted motion pictures,
including (but not limited to) all titles identified above and in the attached list), which were
copied, transmitted, downloaded, uploaded, sold and/or distributed by or for you, including the
quantity sold, quantity delivered, gross revenues and the identity and location of each such
delivery.
It is imperative that you timely provide the above described written confirmation and
information. Your cooperation and provision of the requested information and items will
determine whether the matter can be amicably resolved without litigation against you and your
company and whether your website will have to be shut down.
We look forward to your provision of the assurances that you have taken the requested
actions, and to your cooperation in amicably resolving this matter, to avoid the matter being
turned over to our attorneys for legal action.
Very truly yours,
Chris Norman
Vice-President
Evil Angel, Inc.
Page 4
4
Enclosure
cc: Allan Gelbard, Attorney at law
NOTICE OF TRADEMARK AND COPYRIGHT INFRINGEMENT
Date Prepared: August 22, 2007
Name of Infringer:
Title:
Pornutopia 2
Rocco’s Dirty Dreams 2
Should I be worried? Should I remove the files that they're referring to?
They emailed me directly via the Whois info from the domain.