The Dash Copyright Trolling Scheme - John W. Jolin & Linda Ellis
Did you get a letter from John W. Jolin? Before you freak out, read through this entire post. If you have already hired an attorney, ask the attorney to call me. Don't pay and don't respond to any email, letter or phone call from Linda Ellis, her attorney and John W. Jolin.
Email 1 with Attached Notice of Copyright Infringement
From: The Dash Management [mailto:firstname.lastname@example.org]
Subject: Notice of copyright infringement to TARGET PERSON
The attached letter is to serve as notification of copyright infringement of the poem, "The Dash." "The Dash" is a poem written by Linda Ellis, and she owns the legal copyright to the poem. This registered, copyrighted work has been published and distributed unauthorized on the web site below.
We look forward to hearing from you, your legal counsel, or your insurance company regarding our offer of settlement.
John W. Jolin Intellectual Property Coordinator Linda's Lyrics, LLC 1050 E. Piedmont Road Suite E-135 Marietta, GA 30062 www.lindaellis.net Phone: 678-521-6216 Fax: 770-977-0077
NOTICE: This message and accompanying documents are covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521, and contains information intended for the specified individual(s) only. This electronic mail transmission is for the use of the named individual or entity to which it is directed and may contain information that is privileged or confidential. It is not to be transmitted to or received by anyone other than the named addressee (or a person authorized to deliver it to the named addressee). It is not to be copied or forwarded to any unauthorized persons. If you have received this electronic mail transmission in error, delete it from your system without copying or forwarding it, and notify the sender of the error by replying via email or by calling Linda’s Lyrics at (678) 521-6216, so that our address record can be corrected.
LINDA’S LYRICS, LLC
1050 E. Piedmont Road, E135 Marietta, GA 30062 T 678-521-6216 F 770-977-0077 email@example.com www.lindaellis.net
Re: NOTIFICATION OF INTELLECTUAL PROPERTY (COPYRIGHT AND TRADEMARK) INFRINGEMENT OF THE POEM, “THE DASH”
Linda Ellis is the author of the poem, “The Dash” and works derivative of “The Dash” (collectively, the “Poem.”). She owns the copyright for the Poem which is registered in the Library of Congress, Registration Certificate: TXu 858-108, as well as various related trademarks.
TARGET is currently using Ms. Ellis’ poem below without authorization.
(PHOTO OF THE SCREENCAPTURE PASTED HERE)
Linda Ellis makes her living as an author and inspirational speaker. She has devoted much of her adult life to creating Poem, derivative works of the Poem and delivering the messages embodied in the Poem. She has invested countless hours and hundreds of thousands of dollars in her brand. Ms. Ellis feels incredibly fortunate to make a living by providing inspiration, power and self-de- termination to the public.
However, the primary means by which she makes her living (enabling her to deliver her message) is from the sales and licensing of books and products containing and related to her Poem. When others make unauthorized uses of the Poem, Ms. Ellis and her company, Linda’s Lyrics, LLC are damaged especially since each unauthorized posting of her copyrighted work perpetuates its continuing illegal distribution. Our current rate for unauthorized use and distribution of this registered, copyrighted work is $7,500, but may be adjusted accordingly after we speak with your organization’s representative and review all of the circumstances.
Unauthorized publications such as yours (no matter how well-intentioned) significantly impede Ms. Ellis’ ability to provide her message. They are unfair not only to Ms. Ellis, but also those who legitimately pay the license fee. Why pay if you can just copy and paste it for free? Furthermore, unauthorized uses of the Poem and Marks on websites and other materials in connection with other people and business confuse the public. They also dilute the impact of the public’s connection of the Mark and Poem with Ms. Ellis and her company, Linda’s Lyrics, LLC. For instance, publication of the Poem on your website makes it less likely that a potential consumer will visit our website, www.lindaellis.net, based on an internet search for the Poem and thus be introduced to related products, speaking program, etc. In other words, it diverts traffic and business that would otherwise go to her website, to your website, promoting you and/or your organization, not that of the Poem’s creator, Ms. Ellis.
Accordingly, federal copyright and trademark law affords copyright and brand owners, such as Linda’s Lyrics, LLC, the exclusive right to reproduce their works and use their brands in any medium. Unauthorized publication of “The Dash” in connection with (the name of the target), including its publication (name of publication) (the “Website”) constitutes federal copyright and trademark infringement pursuant to 17 U.S.C. § 202 and 15 U.S.C. § 1111, et. seq. and is also a violation of state unfair competition laws.
Federal law authorizes copyright owners, like Ms. Ellis, to recover statutory damages of up to $30,000.00 for each copyright violation in addition to the recovery of all attorneys’ and costs involved in pursuing the copyright violation. 17 U.S.C. §§ 504(c)(1) and 505. If a court deter- mines the infringement intentional or “willful,” the law authorizes a court to award statutory damages of up to $150,000.00 per copyright violation. 17 U.S.C. § 504(c)(2). Courts will find “willful infringement” when someone continues to publish copyrighted material after receiving a letter like this from the copyright owner requesting its removal.
As long as you take the below steps and cease all infringing uses of the Poem and Mark within ten (10) days of the date of this letter, we will assume you did not act with the requisite intent necessary to impose “willful” infringement and will not seek to impose damages for willful infringement.
• Take the Poem and any uses of the Mark down from the Website and any other website in which you own or have control;
• Destroy any marketing or other literature in your possession, custody or control which contains any material portion of the Poem and or the Mark on the Website or any other website(s) that you own or have control.
We must also request a reasonable amount of compensation for the infringement. Paying attorneys and staff to enforce our copyrights is expensive. Moreover, it is not fair to those who we authorize to make use of the Poem for a royalty to not require those who do not have permission to pay a fair amount for their unauthorized use.
Based on your unauthorized use and contributing to the perpetual unlawful distribution of registered copyrighted work, we ask that you contact us immediately to discuss your liability in connection with current rate for unauthorized use and distribution as stated above.
We do not enjoy lawsuits and hope to not have to resort to the courts; however, Ms. Ellis has proven that she has, and will, protect the value and integrity of her copyrighted works. In the case of Ellis v. Aronson, filed in the Northern District of Georgia, Ms. Ellis received a judgment the amount of $269,000.00.1
This letter is sent as a compromise to resolve our claims of trademark and copyright infringement based on the information we have gathered to date. Please contact me at the number or email below to resolve this issue. If we are not able to reach a mutually agreeable resolution, Linda Ellis and Linda’s Lyrics, LLC reserves all rights to pursue this matter in the courts to the maximum extent authorized under the law at any time without further notice to you.
Please contact, or have your insurance representative contact, me contact me via email, firstname.lastname@example.org, or telephone, 678-521-6216 within ten (10) days to resolve this matter.
We look forward to your timely response.
John Whitelaw Jolin Intellectual Property Coordinator Linda's Lyrics, LLC, 1050 E. Piedmont Road, Suite E-135
Marietta, GA 30062 PHONE: 678-521-6216 FAX: 770-977-0077
This message is intended only for the use of the recipient to whom it is addressed and may contain information that is privileged and confidential. If the reader of this message is not the in- tended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are notified that any dissemination, distribution, or copying of this communication
1 Ms. Ellis received a damage award for $150,000.00 plus attorneys’ fees of $119,000.00 for a total award of $269,000.00. against the Defendant, Eric Aronson.is strictly prohibited. The contents of this email are copyrighted and cannot be legally published or posted without expressed permission of the author and copyright owner.
The target wrote back to Jolin with basically the same response and defense most of Ellis’s targets make. The target pleaded for consideration and told Jolin The Dash had been removed and then closed the email by apologizing profusely. He decided to call Jolin with the hope of explaining that only a few people had opened and viewed the post. Jolin responded with this email:
From: The Dash Management <email@example.com>
We do appreciate the fact that you promptly removed the infringement promptly from your web site. However, the poem has already been published and distributed without authorization and subsequently posted on the internet.
The Dash is a product, one by which Ms. Ellis literally make a living and pays her bills. Please understand our position in that your business has used this product and distributed it without regard to respecting its copyright or paying applicable licensing fees for its use, thereby causing irreparable and immeasurable damage to Ms. Ellis' company and her work. It is because of infringements exactly like this that the poem, "The Dash" is wrongfully available. These infringements have required our company to institute a vigorous enforcement policy to protect Ms. Ellis copyrights. She now must spend her time, money and resources to address the violations of her copyright that have resulted through no fault of her own. Every unauthorized use or printing of "The Dash" perpetuates the infringing and compounds the expense and resources needed for her company to protect the copyright of its most valuable product. We must stand by this copyright policy to protect the value and integrity of the work. Just as you received it and chose to share it, so will many of those who received it from them. Thus, the cycle continues.
As I mentioned in our conversation the posting of the poem affected Ms. Ellis¹ SEO (Search Engine Optimization), which she spends a large amount of time and money to maintain. Ms. Ellis maintaining her high rankings for internet searches is how she makes a living by selling her products and services, which are based off of her poem, via her website.
Again, not only did your business¹ actions cause harm to Ms. Ellis and her company, Linda¹s Lyrics, LLC, they have enabled and encouraged the illegal, improper/incomplete accreditation and distribution of the poem, "The Dash" which is the cornerstone to her livelihood.
We will reiterate our offer for a monetary settlement that will:
• Fairly compensate Ms. Ellis and her company, Linda¹s Lyrics, LLC, for the unauthorized use and distribution of this registered, copyrighted work;
• Reflect the added value to your organization of using that work without first negotiating a mutually acceptable license fee; and
• Recompense Linda¹s Lyrics for the time, costs and resources required to resolve the situation.
Due to your prompt actions and in an effort to settle this matter amicably we are willing to reduce our offer of settlement from $7,500.00 to $3,750.00. Attached is a release for your review. We look forward to your prompt response.
John W. Jolin
RELEASE AND INDEMNITY AGREEMENT
. 1.1 Releasees: The term "Releasees" as used in this document include: Target name, Target Address, officers, directors and employees, as well as their respective heirs, executors, administrators, personal representatives, agents, attorneys, subrogees and assigns.
. 1.2 Releasors: The term “Releasors” as used in this document include: Linda Ellis, Linda's Lyrics LLC, 1050 E. Piedmont Road, Suite E-135, Marietta, GA 30062, and their respective officers, directors, employees, independent contractors, agents, partners, joint representatives, attorneys, successors and assigns, in any capacity whatsoever.
. 1.3 The Incident: The term "incident" as used in this document, refers to the publication, posting, use and/or distribution of the registered, copyrighted poem, “The Dash” in the releasees publication and subsequently posted on the website below. http://www.target/target/Blog/index.ccm
. 1.4 Claims: The term "claims" as used in this document refers to those claims, demands, damages, actions, or causes of actions, whether known or unknown, which Releasors have in reference to the incident described in paragraph 1.3 above.
. 1.5 Execution: This Release may be executed simultaneously in any number of counterparts, each of which shall be an original, but all of which together shall be deemed to be one and the same instrument. The exchange by facsimile/electronic mail copies of executed counterparts of this Release shall be deemed execution and delivery thereof.
2. CONSIDERATION FOR THIS RELEASE AND INDEMNITY AGREEMENT: The consideration for this Release and Indemnity Agreement is the total sum of Three Thousand, Seven Hundred, Fifty Dollars ($3,750.00 USD) to be paid to Linda’s Lyrics, LLC by the Releasees. Payments to be delivered via check or money order, at the Releasees’ expense, via verifiable trackable means to: Linda’s Lyrics, LLC 1050 E. Piedmont Road, Suite E-135, Marietta, GA 30062.
3. RELEASE COVENANTS: For the "consideration" described in paragraph 2 above, the Releasors hereby release and forever discharge the Releasees from any and all "Claims" known or unknown described in paragraphs 1.3 and 1.4 above.
4. INDEMNITY AGREEMENT: Based on the foregoing consideration, Releasors hereby covenant and agree to indemnify and forever hold harmless said Releasees, their affiliates, departments, agents, employees, officers, directors, and/or successors, against any and all liability, cost and expense resulting from any claim, demand, suit, action, cause of action, which may be asserted by Releasors for injury or damage sustained from the above-mentioned incident.
5. NO ADMISSION OF LIABILITY: It is understood and agreed that this release is not an admission of any negligence, liability or fault of any kind whatsoever, but compromises and settles all disputes between the parties for the purpose of avoiding further controversy, litigation and expense, and that said payment is the full and final consideration of this release and no other payment or consideration has been promised or will be paid.
6. CONFIDENTIALITY:The Releasors and Releasees will keep confidential the terms of this Agreement unless required by court order or other operation of law to disclose them; no other or broader du- ty or obligation of confidentiality is hereby created or shall exist pursuant to this Agreement
Linda's Lyrics, LLC
1050 E. Piedmont Road, Suite E-135 Marietta, GA 30062
“Releasees” (NAMES TARGET)
I advised the target to continue to ignore all letters, emails and phone calls from Jolin and anyone else in Ellis’ camp. Two weeks later he received this email:
From: The Dash Management [mailto:firstname.lastname@example.org]
Please respond to our offer of settlement to resolve this matter amicably.
John W. Jolin (end)
Then about 10 days later...
From: The Dash Management [mailto:email@example.com]
We need an immediate response to our offer of settlement to resolve this matter.
John W. Jolin
Will Mr. Target continue to get emails from John Whitelaw Jolin? Yes. Mr. Target can expect to hear from Jolin for about a year, maybe two, but Mr. Target, like hundreds of others will continue to ignore Jolin and avoid graduating from being one of thousands of targets to a victim of extortion.
BEWARE DON'T SHARE THE DASH POEM and if you do DON'T SETTLE.