From: Sepanik, David
Sent: Tuesday, November 16, 2010 6:04 PM
To: support@he.net; abuse@he.net
Subject: [URGENT] Infringement of Apple Copyrights and Trademarks by
http://www.apple-cf.com/ -- Immediate Action Requested

 

 To Whom It May Concern:

 We represent Apple Inc. ("Apple").   It has come to our attention that
 a website you host, http://www.apple-cf.com/, is engaged in copyright
 infringement among other actionable conduct. 

 This website contains Apple's copyrighted images and it has not been
 authorized to use those materials.  Unauthorized use of Apple's
 copyrighted images constitutes copyright infringement. 

 This website also contains Apple's trademarks and trade dress, creates
 the false impression that it is affiliated with Apple, and misleads the
 public regarding Apple and its products.  The website holds itself out
 to be Apple's website, uses the look and feel of Apple's website, links
 in some places to Apple's website, and represents that it is
 advertising a new Apple product.  The website solicits consumers to
 travel to one of Apple's Manhattan retail stores -- using that store's
 actual address -- to obtain the "new" product as a "free upgrade": "If
 you own an iPhone 4, you can get it upgraded for free in our store on
 767 Fifth Avenue, New York."  In reality, there is no such new product
 or upgrade.  The website also provides a phone number that, when
 called, leads to a message falsely claiming to be affiliated with
 Apple.  The cumulative effect of these false statements is to cause
 confusion and to mislead the public.    

 These activities constitute trademark and trade dress infringement,
 passing off, and unfair competition, among other actionable conduct. 

 Apple therefore demands that you take steps to immediately shut down
 the website http://www.apple-cf.com/. 

 Please notify me by reply e-mail once the website has been removed,
 and feel free to contact me if you have any questions.  

 Thank you in advance for your cooperation. 

 /s/David Sepanik

     

     Pursuant to Section 512(c) of the Digital Millennium Copyright Act,
     I hereby state, under penalty of perjury, that I have a good faith
     belief that the activities described above are not authorized by
     Apple, that the information in this notification is accurate, and
     that I am authorized to act on behalf of Apple in this regard.

     David Sepanik
     O'Melveny & Myers LLP
     Two Embarcadero Center, 28th Floor
     San Francisco, CA 94111-3823
     (415) 477-4511
     dsepanik@omm.com

     This message and any attached documents contain information from
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     and/or privileged. If you are not the intended recipient, you may
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     immediately by reply e-mail and then delete this message.

     P please consider the environment - do you really need to print
     this email?