mEcormack

lntellectual Property Law

Business Law ps
617 Lee Street Seatde,

\04 98109 USA p.206.381.8888/ f206.381.1988

tim@llcCormackleoal-com

Timothy B. McCormack Attomey at Law

January 21, 2014

Via Federal Express (Adult Signature Required)

&

U.S.

Mail

Mr. Matthew Chan

Columbus, GA 31904 matt30 @qmail.com

RE:

NOTICE OF COPYRIGHT INFRINGEMENT & UNAUTHORIZED USE OF TIMOTHY MCCORMACK'S IMAGE

Dear Mr. Chan,

has come to our attention that you have been using a photograph titled .,Timothy McCormack Headshot" owned by McCormack Intellectual Property Law PS (hereinafter "Photograph"). A copy is enclosed. The website www.extortionletterinfo.com has not licensed the use ofthe Photograph. It is our understanding that you administer this website.

It

The Photograph is copyrighted. You have no right to copy or display the Photograph. We demand that you immediately CEASE AND DESIST use and display of the Photograph from

any and all of your websites and other materials. The author of the Photograph, McCormack Intellectual Property Law PS, is located in Seattle, Washington and is directly affected by your unlicensed display of the Photograph.

YOU HAVE COMMITTED COPYRIGHT INFRINGEMENT

To establish a claim of copyright infringement, our law firm only needs to show that you used, copied or displayed the Photograph without authorization. This letter is notification ofthe pending copyright infringement claim. This means that you and your company, officers, and other individuals involved in the infringement can be liable for damages. Any further display of the Photograph will be considered willful infringement and give rise to statutory damages and
personal jurisdiction in Washington State.

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mecormack
Intellectual Property Law Business Law ps

liability extends to the people running the company based on contributory and vicarious liabitity. The Photograph is specifically protected under the United States copyright statute. See, e.g., 17 U.S.C. $ l0l et seq. (2007). The damages offered by the copyright statute for the type of infringing activities that you are engaging in range from $30,000 to $150,000 per infringement. 17 U.S.C. $ 504 (2005) ("award of statutory damages to a sum of not more than
Personal
$

150,000 [per infringement]").

DEFAMATION, HARASSMENT, & STATE LAW CLAIMS

the Photograph is defamatory to Mr. McCormack's reputation as a legal professional by the false references to turds, asses, and other derogatory terminology placed across the Photograph and portraying him in a false light. These false statements have been published to the world via the

In addition to the pending copyright infringement claim, the method of use of

lntemet. This defamation has been purposefully directed at Washington State by the use of Search Engine Optimization (SEO) technology and based on the location of Mr. McCormack, his business, and damages. Such use is defamation per se whereby damages are presumed. See e.g Maison de France, Ltd. v. Mais Oui!, Inc.,126 Wn.App. 34 (Div. 1, 2005). Such use may also be considered harassment under both common law and the Communications Decency Act. 47 U.S.C. $230; RCW 10.14.020 et seq.

JURISDICTION EXTENDED FOR WILLFUL COPYRIGHT INFRINGEMENT, DEFAMATION, HARASSMENT, & STATE LAW CLAIMS
Your actions directed toward a Washington entity give rise to jurisdiction in the state of Washington because the damages are felt in that forum state. Calder v. Jones, 465 U.S. 783 (1984). The United States Court of Appeals for the Ninth Circuit has also held that willful copyright infringement creates personal jurisdiction in the forum state. l[/ashington Shoe Company v. A-Z Sporting Goods, Inc., 704 F .3d 668 (gth Cir. 2012). This means that an out-ofstate willful copyright infringer cannot escape litigation in Washington State by claiming lack of personal jurisdiction. A Washington State copyright holder can sue the willful copyright infringer in Washington State even if the infringer never stepped foot in the State of Washington. Once judgment is obtained in Washington, the judgment may be taken to the infringer's home state to be leveraged against his assets in his home state.
Use of the Photograph without a valid license is considered copyright infringement in violation of the U.S. Copyright Act. Within 14 days of the date of this notice please take the following action: immediately cease and desist use of the Photograph and remove it from your websites. In order to resolve this matter, provide our law firm with the following:

1.

Signed confirmation that you have removed all copies ofthe Photograph.

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January 21 ,2014
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mdcormack
lntelleclual Property Law
Business Law ps

2.

Web analytics to the websites you administer (or administered) for the last three years, including number ofvisitors to the website per month lor the last three years.

J.

All web-advertising

money received through the websites for the last three years.

4.

Receipts of all payments received through the websites for the last three years.

After we have received the above information and undertaking, we will then be able to discuss resolution of this matter. This letter is written without prejudice to McCormack lntellectual Property Law PS and Timothy B. McCormack's legal rights and remedies, all of which are expressly reserved. Let me know your decision within 14 days ofreceiving this letter.
Sincerely,

Timothy B. McCormack
t i m @m c c o r mac

kle gal. c o m

cc: Oscar Michelen Enclosure

Timothy McCormack Headshot

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