Mark E. Avsec
Writer’s Direct Dial: (216) 363-4151Writer’s Email: mavsec@bfca.com
April 7, 2010
VIA CERTIFIED MAIL AND E-MAIL(
pjspain@newser.com)
Newser, LLCAttention: Mr. Patrick Spain, Chairman andCEO65 East Wacker Place, Suite 2400Chicago, Illinois 60601Dear Mr. Spain:We are intellectual property litigation counsel for The Wrap News, Inc. (“The Wrap”).We are writing in response to your March 31, 2010 e-mail reply to The Wrap’s Chief OperatingOfficer, Kevin Davis (As you know, Mr. Davis had written a March 30, 2010 e-mail letter toCaroline Miller (the “Davis E-Mail”)).We demand that Newser, LLC (“Newser”), and any agent or affiliate of Newser,immediately cease and desist using The Wrap as a source for Newser content. Newser is notfollowing industry best practices, is intentionally misleading consumers/users at the expense of The Wrap and at the expense of other unnamed sources, and has effectually demonstrated nointention to allow consumers/users to logically and easily ascertain the source of Newser articles. Newser’s conduct violates The Wrap’s rights because: (1) The Wrap generates andgathers time-sensitive information at a cost, including, without limitation, original storiesferreted out and reported by The Wrap’s full-time employees and paid contributors; (2) Newser free-rides on The Wrap’s sweat of the brow by publishing summaries of these stories withoutaffording The Wrap appropriate credit and a prominent link; and (3) Newser is in directcompetition with The Wrap. Thus, Newser’s conduct, in addition to amounting to garden variety plagiarism, constitutes unfair competition and violates certain deceptive trade practices statutes.I refer you to the Davis E-Mail for appropriate ways to credit The Wrap when summarizing, i.e.,re-writing, The Wrap’s stories.Further, The Wrap will begin registering copyrights in its original content with theCopyright Office on a going forward basis. Your staff should think twice about re-writing TheWrap’s stories in the future. While underlying facts are not protectable, The Wrap’s originalexpression of those facts is protectable. If your people cross that line in the future byappropriating The Wrap’s copyright-protected expression, The Wrap will not hesitate to bring anaction against Newser for copyright infringement. In such an action, The Wrap would seek, inits discretion, actual or statutory damages as well as attorneys’ fees recompense.The Wrap values its intellectual property rights and will not hesitate to litigate to enforcethese rights. Nothing contained in or omitted from this letter will be deemed to be an admission
