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The Wrap demands that Newser, LLC (“Newser”), and any agent or affiliate of Newser, immediately cease and desist using The Wrap as a source for Newser content.
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Mark E. AvsecWriter’s Direct Dial: (216) 363-4151Writer’s Email: [email protected]
April 7, 2010
VIA CERTIFIED MAIL AND E-MAIL ([email protected])
Newser, LLCAttention: Mr. Patrick Spain, Chairman and CEO65 East Wacker Place, Suite 2400Chicago, Illinois 60601
Dear Mr. Spain:
We are intellectual property litigation counsel for The Wrap News, Inc. (“The Wrap”). We are writing in response to your March 31, 2010 e-mail reply to The Wrap’s Chief Operating Officer, Kevin Davis (As you know, Mr. Davis had written a March 30, 2010 e-mail letter to Caroline Miller (the “Davis E-Mail”)).
We demand that Newser, LLC (“Newser”), and any agent or affiliate of Newser, immediately cease and desist using The Wrap as a source for Newser content. Newser is not following industry best practices, is intentionally misleading consumers/users at the expense of The Wrap and at the expense of other unnamed sources, and has effectually demonstrated no intention to allow consumers/users to logically and easily ascertain the source of Newser articles.
Newser’s conduct violates The Wrap’s rights because: (1) The Wrap generates and gathers time-sensitive information at a cost, including, without limitation, original stories ferreted out and reported by The Wrap’s full-time employees and paid contributors; (2) Newser free-rides on The Wrap’s sweat of the brow by publishing summaries of these stories without affording The Wrap appropriate credit and a prominent link; and (3) Newser is in direct competition with The Wrap. Thus, Newser’s conduct, in addition to amounting to garden variety plagiarism, constitutes unfair competition and violates certain deceptive trade practices statutes. I refer you to the Davis E-Mail for appropriate ways to credit The Wrap when summarizing, i.e., re-writing, The Wrap’s stories.
Further, The Wrap will begin registering copyrights in its original content with the Copyright Office on a going forward basis. Your staff should think twice about re-writing The Wrap’s stories in the future. While underlying facts are not protectable, The Wrap’s original expression of those facts is protectable. If your people cross that line in the future by appropriating The Wrap’s copyright-protected expression, The Wrap will not hesitate to bring an action against Newser for copyright infringement. In such an action, The Wrap would seek, in its discretion, actual or statutory damages as well as attorneys’ fees recompense.
Newser, LLCAttention: Mr. Patrick Spain, Chairman and CEOPage 2
The Wrap values its intellectual property rights and will not hesitate to litigate to enforce these rights. Nothing contained in or omitted from this letter will be deemed to be an admission of any fact or a waiver of any rights or remedies with respect to the subject of this letter, all of which rights and remedies are expressly reserved.
Sincerely,
BENESCH, FRIEDLANDER, COPLAN & ARONOFF LLP
Mark E. Avsec
MEA/
cc: Elizabeth Dellinger, Esq. Ira Kaplan, Esq. Sharon Waxman Kevin Davis
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