Dear Mr. Harrels,
As you know, we act as counsel to Save Your Life Videos, Inc. ("SYL") in connection with the sale and distribution of SYL's copyrighted works and products bearing trademarks registered to SYL. It has come to our attention that, contrary to your previous assurances and the assertions you have on your website, that you have begun posting SYL's copyrighted information without permission again. Demand is hereby made that you cease and desist your illegal conduct.
All material on the Total Health website which include portions of interviews conducted by Biser are being used unlawfully. Below is a partial list of some of the pages which have infringed materials on them. Any page in the website which includes interviews by Biser is being posted without permission.
SYL is the lawful owner of the copyrighted materials you have posted, and the willful infringement of these materials is a criminal act. Willful infringement also subjects you to statutory damages of up to $150,000 per offense, and SYL's costs and attorneys' fees. In light of your history of copyright violations, and your statements on the website that you have removed all copyrighted materials (see http://healingtools.tripod.com/cad.html) these current violations must be considered willful.
The extensive use of the copyrighted materials in the face of your acknowledgment that these materials are not your own, creates the false impression that since you removed the infringing materials on April 21, 2000, you have obtained permission from SYL to begin posting the materials again. Thus, a reasonable consumer will be mislead into believing that SYL endorses your conduct and your website. Your activities thus damage SYL's very valuable good will and reputation by implying a connection between SYL and Total Health which does not exist. SYL does not approve, endorse or authorize any of Total Health's or your activities and your unlawful conduct must stop.
You are instructed to immediately cease and desist from all activities that infringe SYL's copyrights and/or use SYL's registered trademark and trade name. Specifically, you must immediately remove all SYL copyrighted materials from your website, and destroy any other copies of such works that you have. You are instructed to immediately cease all forms of advertising, promotion and sales techniques that state, imply, or lead a reasonable consumer to believe that you, or any associated individual or entity is authorized by SYL to copy, display, reproduce or distribute any of SYL's copyrighted materials.
You are requested to contact me upon receipt of this e-mail to discuss this very serious matter, and to confirm to me in writing within 3 calendar days every action that you have taken, or will take (including the timetable for same), to terminate the infringements and law violations described above.
We trust that you will promptly take all measures to insure that your company's conduct does not violate the intellectual property laws of the United States.
SYL reserves all rights to pursue legal and equitable remedies, including reporting this criminal conduct to the appropriate authorities, and will consider the degree of your cooperation in determining the next steps it will take.
Lipstein, Jaffe and Lawson
1900 M Street N.W., Suite 700
Washington, D.C. 20036
Counsel to Save Your Life Videos, Inc.