The Iron Fist Falls
See what kind of shit I have to put up with. Any hotshot lawyers want to give me a hand with this?
We represent The Golf Digest Companies ("GDC"), publisher of Golf Digest and Golf World magazines and owner of the www.golfdigest.com and www.golfworld.com websites. We have been made aware that your website (www.watchingtytryon.com) has, without permission, posted Golf Digest covers and linked to several articles on GDC websites and reproduced at least two (2) photographs from our client's publications.
These articles, photographs, and covers were created for GDC, either by employees of GDC, in which case GDC is the copyright owner, or by freelancers, who own the copyright and have assigned certain exclusive rights to GDC. Your publication of the photographs and covers infringes the copyright rights of GDC and/or the individual authors/photographers. Under the copyright law, only the copyright owner has the right to publish or allow others to publish their material. As you should be aware -- if you are not, you will soon be -- the Copyright Act provides severe remedies for infringement, including injunctive relief, payment of substantial damages (including in certain cases statutorily-prescribed damages of up to $150,000 per infringement), and reimbursement of our client's attorneys fees.
In addition, your use of the GOLD DIGEST and GOLF WORLD trademarks on your site, and use of the Golf Digest covers to implore users to purchase a magazine subscription at www.Amazon.com for your referral fee, suggests some affiliation or association with these magazines. From the context of your site, consumers are led to believe that www.watchingtytryon.com has some relationship with GDC to supply material from the publications and/or share proceeds from magazine subscription sales. Such use of our client's marks and cover images constitutes unfair competition and trademark infringement in violation of Federal and state laws. These laws also provide significant remedies for infringements such as yours.
Since your website explicitly requests that users scan and send to you magazine articles and pictures concerning Ty Tryon, your infringement is obviously knowing and willing. Given this fact, there is little doubt but that if a court is requested to provide remedies for your infringement, the maximum damages will be awarded.
In addition, your use of the names of the authors of the articles may give rise to separate claims by them for misappropriation of their names and invasion of their right of publicity/privacy.
On behalf of our client, we demand that you immediately remove from your website all photographs and other material taken from GDC publications and websites, and stop linking to GDC websites. In addition, you must advise us of the full extent of your use of material from GDC, including identifying each such item by title and author and providing a printout of it, as well as the original posting date. We can then determine what further remedial and corrective measures are necessary, including the publication of an apology and corrective advertising, and the payment of substantial damages.
Please respond in writing. Alternatively, we suggest that you have your attorney contact me right away, and in any event no more than 10 days from the date of this letter
We represent The Golf Digest Companies ("GDC"), publisher of Golf Digest and Golf World magazines and owner of the www.golfdigest.com and www.golfworld.com websites. We have been made aware that your website (www.watchingtytryon.com) has, without permission, posted Golf Digest covers and linked to several articles on GDC websites and reproduced at least two (2) photographs from our client's publications.
These articles, photographs, and covers were created for GDC, either by employees of GDC, in which case GDC is the copyright owner, or by freelancers, who own the copyright and have assigned certain exclusive rights to GDC. Your publication of the photographs and covers infringes the copyright rights of GDC and/or the individual authors/photographers. Under the copyright law, only the copyright owner has the right to publish or allow others to publish their material. As you should be aware -- if you are not, you will soon be -- the Copyright Act provides severe remedies for infringement, including injunctive relief, payment of substantial damages (including in certain cases statutorily-prescribed damages of up to $150,000 per infringement), and reimbursement of our client's attorneys fees.
In addition, your use of the GOLD DIGEST and GOLF WORLD trademarks on your site, and use of the Golf Digest covers to implore users to purchase a magazine subscription at www.Amazon.com for your referral fee, suggests some affiliation or association with these magazines. From the context of your site, consumers are led to believe that www.watchingtytryon.com has some relationship with GDC to supply material from the publications and/or share proceeds from magazine subscription sales. Such use of our client's marks and cover images constitutes unfair competition and trademark infringement in violation of Federal and state laws. These laws also provide significant remedies for infringements such as yours.
Since your website explicitly requests that users scan and send to you magazine articles and pictures concerning Ty Tryon, your infringement is obviously knowing and willing. Given this fact, there is little doubt but that if a court is requested to provide remedies for your infringement, the maximum damages will be awarded.
In addition, your use of the names of the authors of the articles may give rise to separate claims by them for misappropriation of their names and invasion of their right of publicity/privacy.
On behalf of our client, we demand that you immediately remove from your website all photographs and other material taken from GDC publications and websites, and stop linking to GDC websites. In addition, you must advise us of the full extent of your use of material from GDC, including identifying each such item by title and author and providing a printout of it, as well as the original posting date. We can then determine what further remedial and corrective measures are necessary, including the publication of an apology and corrective advertising, and the payment of substantial damages.
Please respond in writing. Alternatively, we suggest that you have your attorney contact me right away, and in any event no more than 10 days from the date of this letter
# | January 10, 2003