|
I AM BEING SUED BECAUSE OF YOUR SOFTWARE
Dear Sir/Madam:
Beachbody, LLC ("Beachbody") holds exclusive worldwide distribution rights to the Beachbody® family of fitness products, including the P90X®, Insanity®, 10 Minute Trainer®, Turbo Jam®, Brazil Butt Lift®, ChaLean Extreme®, TurboFire®, Body Gospel® and Slim in 6® fitness video sets. These works (and various works incidental thereto) are protected around the world under U.S. and international copyright and trademark law.
It has come to our attention that the website listed below contains material that infringes upon Beachbody''s intellectual property rights in the foregoing works. This constitutes a formal request that you immediately remove the material at the following URLs:
http://dealtowntoolbar.com/dealsocial/index.php?p=blogs%2Fviewstory%2F714
Beachbody has a good faith belief that the use of the material in this manner is not authorized by it, and that the statements in this notification are accurate. By my signature below, I declare UNDER PENALTY OF PERJURY that: (1) I am authorized to act on behalf of Beachbody, (2) Beachbody is the owner of all exclusive rights set forth in 17 U.S.C. § 106, in and to P90X®, Insanity®, 10 Minute Trainer®, Turbo Jam®, Brazil Butt Lift®, ChaLean Extreme®, TurboFire®, Body Gospel® and Slim in 6®, including the exclusive rights of reproduction and distribution, and to prepare derivative works, and (3) these rights have been infringed in the above-referenced manner.
Additionally, Beachbody hereby demands that you immediately end any and all false, misleading or otherwise infringing use of its registered and common law trademarks, including, without limitation, the Beachbody®, P90X®, Insanity®, 10 Minute Trainer®, Turbo Jam®, Brazil Butt Lift®, ChaLean Extreme®, TurboFire®, Body Gospel® and Slim in 6® marks.
By this letter, you have actual knowledge and awareness of facts and circumstances from which infringing activity is apparent. To the extent that this unauthorized distribution is hosted on your equipment or from within your network, demand is made the immediate and permanent removal of the infringing material. To the extent that an employee, customer or other user is utilizing your network as a means to distribute infringing copies of Beachbody''s copyrighted material, demand is made that you immediately and permanently terminate such user’s access.
Please govern yourself accordingly. In the event that you choose not to remove the infringing material expeditiously, then Beachbody reserves the right to pursue all appropriate legal action.
This letter is a confidential communication regarding Beachbody''s rights and is not for publication. Nor is this letter intended as a complete statement of the facts or law as they pertain to this matter. Nothing in this letter is meant to waive, nor may be construed as waiving, any rights held by Beachbody, all of which are expressly reserved.
My contact information is as follows: Cheryl Herzog, Compliance / Anti-Piracy; Beachbody, LLC; 3301 Exposition Blvd.; Santa Monica, CA 90404; [email protected].
Sincerely,
/s/ Cheryl Herzog
Compliance / Anti-Piracy
Beachbody, LLC
Warm regards,
Christopher D.
Level 2 Internet Security Division
866-964-2867 (General Support)
281-476-7801 (Abuse/Security Fax)
To reply to this ticket, please be sure to email [email protected] from the email address you created the ticket with.
|
