Third nastygram! Maybe the
lawyer gets paid by the piece?
October 11, 2005
BY E-MAIL: email@example.com
AND FIRST CLASS MAIL
141 East 3rd #8B
New York, NY 10009
Right out of my whois info, including
my lazy habit of not putting in "Street."
Re: Unauthorized Use of
Dear Mr. Frankel:
This time, they figured out my sex. I
feel so much more secure. I don't feel the love, though.
This firm is counsel to Lyons Partnership,
L.P. ("Lyons Partnership"), the owners of the exclusive right to use
the copyrighted children's dinosaur character Barney® as well as the
federally registered and famous trademark and service mark Barney.
Samo, samo. Well, even Barney goes
It has come to
the attention of Lyons Partnership that you are operating a web site
found at URL: www.dustyfreet.com/evil/enemy.html. Your web site
contains copyrighted Barney images.
It's not a site; it's a page, and
they spelled it wrong. Little touches such
as this give the letter a badly needed human touch.
The materials you are using are
the intellectual property of Lyons Partnership. It is unlawful
(pursuant to 17 U.S.C. § 501(a) and other laws) to use this property
without the permission of Lyons Partnership. These materials must be
immediately removed. Lyons Partnership would prefer not to have to
pursue legal remedies or contact your Internet Service Provider ("ISP")
and inform it of your unlawful use of copyrighted materials (which is
presumably a violation of your ISP's terms of service). To avoid this,
please provide us with written assurances by October 18, 2005, that
these materials have been removed. If we do not receive a
response, we will be forced to take other measures to have the content
Samo, samo. Well, even
Barney goes into reruns. Did I say that already? Well, whatever the
case, the message is: learn nothing and issue empty threats. And this,
dear friends, is why our country is the greatest in the history of the
Please contact the undersigned if you require
Actually, it was illegal for the
undersigned to contact me in the first place: see the legal analysis
ANTHONY & FLAHERTY, LLP
Matthew W. Carlin
S:\Internet Group\01426-Lyons Group\Barney\c&d\Website
<<dustyfeet 10 06 05.pdf>>
To judge from the file name, the letter
sat for 5 days before they e-mailed it. Must have been all the fact checking
that they did. Now here comes the most interesting part. You needn't bother
to read it.
IRS CIRCULAR 230 NOTICE: IRS CIRCULAR 230 REQUIRES THAT WE ADVISE YOU
THAT ANY U.S. FEDERAL TAX ADVICE CONTAINED IN THIS COMMUNICATION OR IN
ANY ATTACHMENT HERETO IS NOT INTENDED OR WRITTEN TO BE USED, AND CANNOT
BE USED, FOR PURPOSE OF (I) AVOIDING PENALTIES UNDER THE INTERNAL
REVENUE CODE OR (II) PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER
PARTY ANY TRANSACTION OR MATTER ADDRESSED HEREIN.
Poorly aimed boilerplace. Don't they
pay any attention to what they're sending?
This message is intended only for the use of the individual or
entity to which it is addressed, and may contain information that is
privileged confidential and exempt from disclosure under applicable
law. If the reader of this message is not the intended recipient, or
the employee or agent responsible for delivering the message to 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 notify us
immediately by telephone, and delete this message from your system.
The usual crap. I assume that they're
not serious about telephoning, since they didn't include their
telephone number in the message. It's difficult to believe that they
could be that incredibly stupid and careless. Well, actually, it's not.
on to another legal analysis
back to Barney