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McCormack Defamation-Harassment Letter to ELI

McCormack Defamation-Harassment Letter to ELI

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Seattle Attorney Timothy B. McCormack sends a frivolous defamation, harassment, and copyright infringement letter to ELI. A reply is forthcoming.
Seattle Attorney Timothy B. McCormack sends a frivolous defamation, harassment, and copyright infringement letter to ELI. A reply is forthcoming.

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Published by: ExtortionLetterInfo.com on Jan 28, 2014
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09/20/2014

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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.
McCormackAttomey
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,
It
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
licensedthe
use
ofthe
Photograph.
It
is our understanding that
you administer this
website.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
andpersonal
jurisdiction
in Washington
State.
Page
1
of3
 
Jantary
2\,2014
Page
2
mecormack
Intellectual
Property
Law
Business
Law
ps
Personal
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
$
150,000 [per
infringement]").
DEFAMATION,
HARASSMENT,
&
STATE
LAW
CLAIMS
In
addition
to
the
pending
copyright
infringement
claim,
the
method
of
use
of
the
Photograph
is
defamatory
to
Mr.
McCormack's
reputation
as
a
legal professional
by
the
falsereferences
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
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,
hisbusiness, and
damages.
Such
use
is defamation per
se
whereby
damages
are presumed.
See
e.gMaison
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-of-
state
willful
copyright
infringer
cannot
escape
litigation in
Washington
State
by claiming
lack
of
personal
jurisdiction.
A
Washington State
copyright
holder
can
sue
the
willful
copyrightinfringer
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.
Page
2
of3
 
January
21
,2014
Page
3
2.
J.
mdcormack
lntelleclual
Property
Law
Business
Law
ps
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.
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
todiscuss
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
Page 3
of3

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