X69
Aug 2001
 Administrator
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Cease and Desist letter I recieved
From: Shannon Vandorn [mailto:[email protected]]
Sent: Thursday, March 21, 2002 6:52 PM
To: [email protected]
Cc: Eric Besner; Barry Gordon
Subject: THUG ANGEL
May 16, 2000
vcdquality.com
Re: Cease & Desist TUPAC SHAKUR: THUG ANGEL
To Whom It May Concern:
As Counsel for Image Entertainment, Inc. (“Image”), I am writing this letter
to you regarding the TUPAC SHAKUR: THUG ANGEL documentary (the “Product”)
that you are illegally depicting and distributing via your web site. Your
unauthorized use not only infringes upon Image’s exclusive distribution
rights to the Product but infringes upon QD3 Entertainment’s (“QD3”)
copyright in the Product and the estate of Tupac Shakur’s rights of
publicity in and to Tupac’s name, image and likeness.
The copyright in the Program is currently held by QD3, Image’s exclusive
licensor, and is enforceable by Image and QD3 under law. Furthermore, per
this obtuse statement posted on your website: “I know some of you want to
see this shit, so i figured I share it. So enjoy...It before its late april
release on dvd... INTERNAL Send Out to your peeps if they want it other then
that this internal.. THANKS Quincy for the fast supply......Nice way to
start off your companys first release..” you admit that you are willfully
infringing upon QD3’s copyright in and to the Program. Willful infringement
carries treble damages under federal law.
Additionally, your use subjects you to claims by Image and QD3 for the
following: trademark infringement, trade dress infringement, unfair
competition claims under the Lanham Act, defamation, libel, violation of the
estate of Tupac Shakur’s rights of publicity, and further acts of copyright
infringement (i.e., unauthorized use of photos and music).
Demand is made that you immediately cease and desist distributing,
downloading and selling the Product and that you remove its depiction from
your web site. Image further demands a complete and up-to-date accounting
of all monies you have derived from the Product, including, but not limited
to sales and revenues.
If written confirmation is not received within two business days of receipt
of this letter that you have complied with our demands, Image will take any
and all actions necessary to enforce its rights under law or equity.
Sincerely,
Shannon Van Dorn, Esq.
cc: QD3
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