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