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July 23, 2013 Mr. Harold A. XXXXXXX c/o YYYYYYY Art Services, Inc. 5640 Hollywood Blvd. Hollywood, Florida 33020


Notice of Unauthorized Use of Proprietary Images of ZZZZZZ Fine Art, Inc. Our File No. 130059.cpy.01

Dear Mr. XXXXXXX: Please be advised that this firm represents the legal interests of Leonard J. AAAAA, principal of ZZZZZZ Fine, Inc., and it is in this capacity that I am writing you. If you have an attorney, please forward this correspondence and all future correspondences directly to them, and please provide me with their direct contact information. My client went to considerable lengths and spent a significant amount of time, energy and money in order to create its 160 page product catalog that contains, among other things, proprietary images of its products. My client had to create a sample of each product, appropriately stage, hang, and or mount the product, and then hire a professional photographer to professionally photograph each item that appears in its catalog. As such, I am sure you can understand my clients shock and disbelief when it was brought to their attention that your company, YYYYYYY Art Services, Inc. is using 225 of their images in your catalog without their permission! Attached herewith, I have included a table with the page and product code for each unauthorized image as it appears in your catalog as well as how it appears in my clients catalog, as well as copies of the images themselves. As you can see, for some of the products even the product codes are the same. YYYYYYY Art Services, Inc. unauthorized reproduction and distribution of my clients images not only likely constitutes an actionable violation of Floridas Deceptive and Unfair Trade

Practices Act (Florida Statutes 501 et seq.) but also violates my clients' intellectual property rights. As you may be aware, statutory damages for copyright infringement range up to $150,000 for each act of willful infringement, and courts routinely award attorneys' fees and costs. 17 U.S.C. 504.
YYYYYYY Art Services, Inc. Cease and Desist Letter

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As such, please let this letter serve as written notice that you are to immediately cease and desist from all reproduction, marketing, sales, and distribution of any of the unauthorized images or any materials that may reference or include any such images. Given the egregious and brazen nature of copying over 200 images, should this matter not be resolved in an amicable manner, and we are forced to litigate this matter, please be advised that in addition to (1) an accounting and (2) disgorgement of any ill-gotten profits, we will be seeking (3) an immediate injunction preventing you from using the unauthorized images and an (4) order requiring that you notify all of your clients of this incident in addition to (5) seeking a destruction order to destroy any existing materials containing the unauthorized images and (6) attorneys fees and costs. In addition, so that we may attempt to settle this matter at this stage, please provide us with the following information: i. The date on which you first offered included the unauthorized images in your catalog; The item number of catalogs that have been printed that include unauthorized images; The total number of items ordered from catalogs that include unauthorized images; The cost of each item that was sold using a catalog that includes the unauthorized images; The selling price of each product that was sold using a catalog that includes the unauthorized images; and The name, address, telephone and fax numbers and email address of each purchaser of a product that was sold using a catalog that includes the unauthorized images.






My Client regards this matter very seriously, and is committed to protecting and enforcing its intellectual property. Please provide us with the above-requested information, together with confirmation that reproduction, distribution, sales, and marketing of the unauthorized images has ceased within the next ten days. This letter serves as notice of claim under applicable law. It is also written without prejudice to my clients rights and remedies, all of which are specifically reserved. PLEASE GOVERN YOURSELF ACCORDINGLY Sincerely, BBBBBB LAW FIRM

YYYYYYY Art Services, Inc. Cease and Desist Letter

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YYYYYYY Art Services, Inc. Cease and Desist Letter

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