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Catalyst Complaint Cover Page

431387

Complaint
Number 431387 Date 5/28/2013 Status Assignee Actual Savings Amount Disputed Estimated Savings Closed Egeler, Connie C $0.00 $780.00 $0.00

Location Vancouver - Consumer Protection Division NAICS 541920-Photographic Services

Complainant
Name Richard Kevin Timson 4337 119TH Ave SE Tenino, WA 98589 Phone Day (360) 264-5032 Phone Evening Email (360) 264-5032 RKEVINT@GMAIL.COM

Respondent(s)
Name Getty Images 605 5th Ave S Ste 400 Seattle, WA 98104 GoDaddy.com 14455 N Hayden Rd Ste 226 Scottsdale, AZ 85260 Contact Phone (206) 925-6753 Toll Free Email copyright.complian ce@gettyimages.co m president@godaddy. com

(480) 505-8855

Referral(s)
Name Contact Phone Contact Phone Email

Practice(s)
Code 019 316 Practice Inadequate Disclosure Billing Issues

Activities
Date Added 5/31/2013 Activity Type Email to Complainant Activity C 1st Letter to Complainant To: RKEVINT@GMAIL.COM

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Date Added 5/31/2013

Activity Type Email to Respondent

Activity R 1st Letter to Respondent To: copyright.compliance@gettyimages.com; president@godaddy.com C Response from one Respondent To: RKEVINT@GMAIL.COM Rsup Closing No Adjustment (R-UNJ) To: copyright.compliance@gettyimages.com; president@godaddy.com called Getty Image to see if they had worked with Go Daddy, thus may have resolution already but they said no, it'll take the full 21 days most likely.

6/7/2013 6/7/2013 6/7/2013

Email from Respondent Email to Complainant Email to Respondent

6/10/2013 6/10/2013

Correspondence from Respondent Phone Call to Respondent

6/13/2013 6/13/2013 6/13/2013 6/13/2013 6/13/2013

Email from Counsel Email from Respondent Email to Complainant Email to Respondent Resolution-UNADJUSTED Csup Closing Unadjusted (C-UNJ) To: RKEVINT@GMAIL.COM Rsup Closing No Adjustment (R-UNJ) To: copyright.compliance@gettyimages.com

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Catalyst Report
Complaint Description
Description We received a notice, dated March 26, 2013, from Getty Images, Inc. (the Company) claiming that we had used an image represented by that Company without having a valid license to do so. The notice was addressed to, "Legal Departmen, Kevin's Klovers" at our home address. The notice includes the image in question and a screen capture of what the Company claims to be a page from our web site. The images are so distorted that the screen shot is illegible. Since our web site, KevinsKlovers.com, was only published in draft form (no shopping cart ever setup), in April 2012, and was cancelled and taken off line in February 2013, we are not able to determine if the image was indeed used. We contacted godaddy.com's design department, who created our web site, to inquire about the content. Since the site had been deleted they had no records. Upon receipt of the notice we opened our web browser and typed their web address, as stated in the notice, and discovered that the only page that seemed to respond was the one enabling us to make the payment of $780.00 USD that the notice was demanding. The second notice dated March 26, 2013 made the same claims, demanded the same payment and also threatened legal action. Both notices are attched to this complaint. Expected resolution details: Stop sending us demands for payment and threats of legal action.