CEASE AND DESIST DEMAND
Pursuant to Title 17 of the United States Code
February 23, 2016
HFP DESIGN
1980 US Highway 1, Building #3
New Brunswick, NJ 08902-4418
To Whom It May Concern:
Pursuant to Title 17 of the United States Code
I am writing to notify you that your unlawful copying of THE small HOUSE CATALOG for resale and distribution without permission infringes upon exclusive copyrights. Accordingly, you are hereby directed to
CEASE AND DESIST ALL COPYRIGHT INFRINGEMENT.
I, Shawn A. Dehner, am the owner of a copyright in various aspects of THE small HOUSE CATALOG. Under United States copyright law, these copyrights have been in effect since the date that THE small HOUSE CATALOG was created. All copyrightable aspects of THE small HOUSE CATALOG are copyrighted under United States copyright law.
It has come to my attention that you have been copying plans from THE small HOUSE CATALOG and deleting pertinent copyrights, logo, disclaimer and safety information, including engineering requirements. I have record of your unlawful copies to preserve as evidence. Your actions constitute copyright infringement in violation of United States copyright laws. Under 17 U.S.C. 504, the consequences of copyright infringement include statutory damages of between $750 and $30,000 per work, at the discretion of the court, and damages of up to $150,000 per work for willful infringement. If you continue to engage in copyright infringement after receiving this letter, your actions will be evidence of “willful infringement.”
I demand that you immediately (A) cease and desist your unlawful copying of THE small HOUSE CATALOG and (B) provide me with prompt written assurance within ten (10) days that you will cease and desist from further infringement of my copyrighted works.
If you do not comply with this cease and desist demand within this time period, I am entitled to use your failure to comply as evidence of “willful infringement” and seek monetary damages and equitable relief for your copyright infringement. In the event you fail to meet this demand, please be advised that I will instruct my attorney to communicate to you that it will contemplate pursuing all available legal remedies, including seeking monetary damages, injunctive relief, and an order that you pay court costs and attorney’s fees. Your liability and exposure under such legal action could be considerable.
I wish to give you one opportunity to discontinue your illegal conduct by complying with this demand within ten (10) days. You must remove all copyrighted material from the website www.hfpdesign.com and agree to no longer sell or distribute any material from THE small HOUSE CATALOG.
Accordingly, please sign and return the attached Agreement within ten (10) days to
[FIRM NAME]
[FIRM ADDRESS]
[FIRM CITY, STATE, ZIP]
Fax: [FIRM FAX NUMBER]
If you or your attorney have any questions, please contact me directly.
Sincerely,
Shawn A. Dehner
220 Blair Avenue #434
Friday Harbor, WA 98250
support@thesmallhousecatalog.com
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