legal: apple-dmca-notice.txt

File apple-dmca-notice.txt, 3.0 KB (added by Jamie McClelland, 9 years ago)
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1From: Sepanik, David
2Sent: Tuesday, November 16, 2010 6:04 PM
3To: support@he.net; abuse@he.net
4Subject: [URGENT] Infringement of Apple Copyrights and Trademarks by
5http://www.apple-cf.com/ -- Immediate Action Requested
6
7 
8
9 To Whom It May Concern:
10
11 We represent Apple Inc. ("Apple").   It has come to our attention that
12 a website you host, http://www.apple-cf.com/, is engaged in copyright
13 infringement among other actionable conduct.
14
15 This website contains Apple's copyrighted images and it has not been
16 authorized to use those materials.  Unauthorized use of Apple's
17 copyrighted images constitutes copyright infringement.
18
19 This website also contains Apple's trademarks and trade dress, creates
20 the false impression that it is affiliated with Apple, and misleads the
21 public regarding Apple and its products.  The website holds itself out
22 to be Apple's website, uses the look and feel of Apple's website, links
23 in some places to Apple's website, and represents that it is
24 advertising a new Apple product.  The website solicits consumers to
25 travel to one of Apple's Manhattan retail stores -- using that store's
26 actual address -- to obtain the "new" product as a "free upgrade": "If
27 you own an iPhone 4, you can get it upgraded for free in our store on
28 767 Fifth Avenue, New York."  In reality, there is no such new product
29 or upgrade.  The website also provides a phone number that, when
30 called, leads to a message falsely claiming to be affiliated with
31 Apple.  The cumulative effect of these false statements is to cause
32 confusion and to mislead the public.   
33
34 These activities constitute trademark and trade dress infringement,
35 passing off, and unfair competition, among other actionable conduct.
36
37 Apple therefore demands that you take steps to immediately shut down
38 the website http://www.apple-cf.com/.
39
40 Please notify me by reply e-mail once the website has been removed,
41 and feel free to contact me if you have any questions. 
42
43 Thank you in advance for your cooperation.
44
45 /s/David Sepanik
46
47     
48
49     Pursuant to Section 512(c) of the Digital Millennium Copyright Act,
50     I hereby state, under penalty of perjury, that I have a good faith
51     belief that the activities described above are not authorized by
52     Apple, that the information in this notification is accurate, and
53     that I am authorized to act on behalf of Apple in this regard.
54
55     David Sepanik
56     O'Melveny & Myers LLP
57     Two Embarcadero Center, 28th Floor
58     San Francisco, CA 94111-3823
59     (415) 477-4511
60     dsepanik@omm.com
61
62     This message and any attached documents contain information from
63     the law firm of O'Melveny & Myers LLP that may be confidential
64     and/or privileged. If you are not the intended recipient, you may
65     not read, copy, distribute, or use this information. If you have
66     received this transmission in error, please notify the sender
67     immediately by reply e-mail and then delete this message.
68
69     P please consider the environment - do you really need to print
70     this email?
71