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COOLBALLS
® |
4045 John Allyson Dr
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ACME INC
C/O Joe Schmoe
Re:
COOLBALLS® - Copyright Infringement
Dear Joe,
It has come to
our attention that you have images and other distinctive elements of the
copyrighted property of CoolBalls®. Webgophers, Inc. owns
all rights under copyright and trademark to CoolBalls®. Your creation and
distribution of these icons patently and unavoidably infringes Webgophers,
Inc. rights.
This course of
conduct exposes you to substantial monetary damages and injunctive relief in
favor of Webgophers, Inc.. As you may be aware, such
damages for copyright infringement can include statutory penalties of as much
as $100,000 for willful infringement, damages under laws governing trademarks,
and punitive damages under laws of unfair competition.
In view of the
foregoing, we hearby demand that you do the
following:
1. Immediately cease and desist all further creation,
distribution, advertising, promotion, posting or any other exploitation of the
referenced images in any way whatsoever;
2. Immediately order all such images, as well as all related
artwork, and other materials, or any other use thereof, to be withdrawn;
3. Confirm to the undersigned in writing, by letter received in
our office not later than
If we have not received
your full and voluntary compliance with each of the foregoing demands by the
deadline specified, be advised that we shall, without further notice to you,
take all available legal action to compel the discontinuation of your use and
exploitation of the infringing images, to recover monetary damages to the full
extent allowed by law, including attorney's fees and costs of suit, and to
obtain such additional legal and/or equitable relief as the court may allow in
the circumstances. We hope that your voluntary compliance with the foregoing
reasonable and lawful demands will make the initiation of legal action against
you unnecessary.
Finally, be
advised that nothing contained in this letter is intended as, or may be deemed
or construed to constitute, a waiver or relinquishment of any of Webgophers,
Inc. rights and remedies in the premise, all of which are hereby expressly
reserved.
Very truly yours,
/s/
Robert Proctor
enc.
cc: Nanette
Turner (all w/e)
Jeremy Turner
Ricardo Reyes
Gabriela Turner