Harpo lawyer wants to sue me because of a picture of Dr. Oz and Oprah that i use on my Acai website. They contacted HostGator about this:
Hello,
We have received what appears to be a valid DMCA complaint, involving
domains under your control. Please note that Hostgator has only passed
on the validity of the Claimant's notice 17 U.S.C. Sec. 512 and has
not sought to determine whether the Infringing Materials on the Web
Site do indeed infringe upon the Claimant's intellectual property
rights. We therefore strongly recommend that you immediately remove
the Infringing Materials.
You are required to contact us within the next 48 hours with either a
counter-notification, or the steps you have/will take to remedy this
situation. If a response has not been received within a 48 hour
period, we will be forced to disable this material in accordance with
federal DMCA laws. A copy of the original DMCA notice is listed below
our contact information.
Under the Digital Millennium Copyright Act, you have the right to file
a "counter-notice" claiming that either (a) that the Claimant is wrong
and that the Infringing Material is lawfully posted on the Web Site or
(b) that the Infringing Material has been misidentified. We encourage
you to review the procedures for filing a counter-notice, and to use
this online form at DMCA Counter-Notification -- Chilling Effects Clearinghouse
to create a counter-notice with all the required elements. If you need
any further information on how to file a counter notice, please let us
know and we will be happy to assist you.
You may send a counter-notice using postal mail or fax; email is not accepted.
Our postal address is:
HostGator LLC
Attn: DMCA/Legal
11251 Northwest Freeway, Suite 400
Houston, TX 77079
Our Fax is: (281) 476-7801
From: Jerry Glover [mailto:jglover@eipgrouplaw.com]
Sent: Wednesday, June 03, 2009 6:22 PM
To: Legal
Subject: Harpo, Inc.
Dear Sir/Madam:
The WhoIs database lists Theplanet.com as the ISP for the Internet web
site located at the URL xxxxxxx.com.
I am an attorney who is authorized to represent Harpo, Inc., the owner
of the copyright in and to the following photograph which appears on
this website located at the following URL:
(photograph of Oprah Winfrey and Dr. Mehmet Oz)
My address, telephone number and e-mail address are listed below.
I have a good faith belief that the use of this copyrighted photograph
on the website has not been authorized by Harpo, Inc. (the copyright
owner), its agent or the law. Under penalty of perjury, I hereby
certify that the above information is accurate and that I am authorized
to act on behalf of Harpo, Inc.
Please remove the above-referenced photograph from the website.
Jerry Glover
Senior Counsel
The Entertainment & Intellectual Property Group, LLC
35 East Wacker Drive
Suite 1782
Chicago, IL 60601
312/357-1401 (Main)
312/357-1406 (Fax)
jglover@eipgrouplaw.com
EIP Group Home
Unless otherwise indicated or obvious from the nature of the following
communication, the information contained herein may be attorney-client
privileged and may constitute confidential information/work product.
The communication is intended for the use of the individual(s) or
entity(ies) named above. If the reader of this transmission is not the
intended recipient, you are hereby notified that any dissemination,
distribution or copying of this communication is strictly prohibited.
If you have received this communication in error, please immediately
notify us by return e-mail and destroy any copies, electronic, paper or
otherwise, which you may have of this communication.
Hello,
We have received what appears to be a valid DMCA complaint, involving
domains under your control. Please note that Hostgator has only passed
on the validity of the Claimant's notice 17 U.S.C. Sec. 512 and has
not sought to determine whether the Infringing Materials on the Web
Site do indeed infringe upon the Claimant's intellectual property
rights. We therefore strongly recommend that you immediately remove
the Infringing Materials.
You are required to contact us within the next 48 hours with either a
counter-notification, or the steps you have/will take to remedy this
situation. If a response has not been received within a 48 hour
period, we will be forced to disable this material in accordance with
federal DMCA laws. A copy of the original DMCA notice is listed below
our contact information.
Under the Digital Millennium Copyright Act, you have the right to file
a "counter-notice" claiming that either (a) that the Claimant is wrong
and that the Infringing Material is lawfully posted on the Web Site or
(b) that the Infringing Material has been misidentified. We encourage
you to review the procedures for filing a counter-notice, and to use
this online form at DMCA Counter-Notification -- Chilling Effects Clearinghouse
to create a counter-notice with all the required elements. If you need
any further information on how to file a counter notice, please let us
know and we will be happy to assist you.
You may send a counter-notice using postal mail or fax; email is not accepted.
Our postal address is:
HostGator LLC
Attn: DMCA/Legal
11251 Northwest Freeway, Suite 400
Houston, TX 77079
Our Fax is: (281) 476-7801
From: Jerry Glover [mailto:jglover@eipgrouplaw.com]
Sent: Wednesday, June 03, 2009 6:22 PM
To: Legal
Subject: Harpo, Inc.
Dear Sir/Madam:
The WhoIs database lists Theplanet.com as the ISP for the Internet web
site located at the URL xxxxxxx.com.
I am an attorney who is authorized to represent Harpo, Inc., the owner
of the copyright in and to the following photograph which appears on
this website located at the following URL:
(photograph of Oprah Winfrey and Dr. Mehmet Oz)
My address, telephone number and e-mail address are listed below.
I have a good faith belief that the use of this copyrighted photograph
on the website has not been authorized by Harpo, Inc. (the copyright
owner), its agent or the law. Under penalty of perjury, I hereby
certify that the above information is accurate and that I am authorized
to act on behalf of Harpo, Inc.
Please remove the above-referenced photograph from the website.
Jerry Glover
Senior Counsel
The Entertainment & Intellectual Property Group, LLC
35 East Wacker Drive
Suite 1782
Chicago, IL 60601
312/357-1401 (Main)
312/357-1406 (Fax)
jglover@eipgrouplaw.com
EIP Group Home
Unless otherwise indicated or obvious from the nature of the following
communication, the information contained herein may be attorney-client
privileged and may constitute confidential information/work product.
The communication is intended for the use of the individual(s) or
entity(ies) named above. If the reader of this transmission is not the
intended recipient, you are hereby notified that any dissemination,
distribution or copying of this communication is strictly prohibited.
If you have received this communication in error, please immediately
notify us by return e-mail and destroy any copies, electronic, paper or
otherwise, which you may have of this communication.
