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Wednesday, June 12, 2013

Cease and Desist...Copyright Infringement...There Are Rules...

01/18/201320811163$5.99$3.59GEnEESE WHITEN/ABUFFALONY--none--000
01/18/201320811271$4.99$2.99GEnEESE WHITEN/ABUFFALONY--none--000
The receipt from my Clips4Sale.Com/60855 studio...she purchased her own scenes, so she could add to make the DVD. A clear violation of the contract she signed. Copyright Infringement.

This was the 1st cease and desist letter, the 2nd was updated for the event that is Friday, June 14-15, 2013 in Houston, Texas. This is a legal public document, it can be looked up and researched. No rumor...when it is written out and done correctly. Know your rights, know the law, and pay attention to what your signing. Protect yourself at all cost...in any business. 

 If anyone has a copy of this DVD, contact me...I have a nice "finder's fee" for the individual.


..LAW OFFICE OF REBECCA FEIGELSON
345 Franklin Street, Law Chambers Building
San Francisco, CA 94102
Tel: 415-562-5541
Fax: 415- 241-7340
www.rfeigelsonlaw.com
feigelsonlaw@gmail.com
Admitted in CA                                                                        Admitted in NY

February 22, 2013
VIA USPS Return Receipt Requested Mail
Ms. Geneese Marie White (A.k.a. Neese Honey Dip)
LADY V'S LUSCIOUS VIXENS ENTERTAINMENT™
28 Kiefer St.
Buffalo NY, 14211
RE: Infringement of Copyright
Dear Ms. White,
This Firm represents Kima Shines who is the copyright owner of certain film clips and has received evidence that you are infringing use of her work.  See Exhibit 1.  Kima Shines is the owner of a copyright for certain clips depicting Neese HoneyDip and performer Wesley Pipes. Kima Shines’ intellectual property is extremely important and is a valuable asset of her business. Accordingly, our client has instructed us to take the appropriate steps to protect this business interest.
The DVD you, via LADY V'S LUSCIOUS VIXENS ENTERTAINMENT™, will be selling at the 2-Day Houston BBW Event scheduled for Wednesday, March 6, 2013 from 6:00 PM to 10:00 PM  and Thursday, March 7, 2013 at 9:00 PM - Friday, March 8, 2013 at 2:00 AM (CST) includes works from certain clips available onhttp://clips4sale.com/60855
These clips have not been authorized for commercial use pursuant to the rules set forth on the website on which they are hosted.  The website, http://clips4sale.com/ contains the following copyright information and restrictions on usage of the media therein:
“The contents of the site service (Clips4Sale, Videos4Sale, Images4Sale) are intent [sic] for the personal non commercial use of its users. All materials published on the site (including, but not limited to news articles, photographs images, illustrations, audio clips ad video clips collectively, 'content') are protected by Copyright (C), Trademark and all other applicable intelligential property laws, and are owned and controlled by Clips4Sale, Videos4Sale, Images4Sale or the party credited as the provider of such content, software or other materials. You shall abide by Copyright (C) or other notices, information and restrictions appearing in conjunction with any content accessed through the service. All models on this site are 18 or older. Title 2257”
In addition, sale of the DVDs is a violation of the terms and conditions of the Records Keeping Compliance Form signed by you, Geneese White (a.k.a. Neese), on October 25, 2012.  This agreement provides that all “clearances, copyright and otherwise” embodied in the product produced by Kima Shines and now available for sale on DVD are the property of company/ producer Steamy Stimulations Presents…TM/Kima Shines.  

Your unauthorized sale of this product or derivative products is a breach of the aforementioned contract.  

See Exhibit 2.
Finally, this copying is an infringement of Kima Shines’ copyrights and a violation of 17 U.S.C. § 501.
Remedies available to our client include:
  1. an injunction against further infringement -- such as an order preventing you and your company from future use, copying, or distribution of the copyrighted works;
  2. impounding or destruction of infringing copies;
  3. damages — damages for breach of contract, statutory damages of up to $150,0000 and whatever other damages a court may see fit to award; and
  4. costs and attorney’s fees.
On behalf of our client, we demand that you do the following:
  1. Immediately cease and desist marketing, manufacturing, distributing, and/or selling any infringing works;
  2. Immediately agree in writing that neither LADY V'S LUSCIOUS VIXENS ENTERTAINMENT™, you nor any other person or entity acting on behalf of or in connection with your business will directly or indirectly engage in further unauthorized use of our client’s intellectual property; and
  3. Immediately destroy all unauthorized items (e.g., digital images, dvds, recordings, pamphlets, products, etc.) which include the protected works that are in your possession, custody, or control; and
  4. Immediately provide your co-operation to identify any and all parties that have any unauthorized items which include the protected works.
In the alternative, my client may be amenable to selling you the rights to the clips you plan to distribute on DVD or to a profit sharing arrangement.  
If I have not received your affirmative response from you by March 1, 2013 indicating that you have fully complied with these requirements and we have not reached any agreement, we will advise our client of all her legal remedies in connection with this matter.
My client desires to resolve this matter amicably and assumes that you do as well. We are hopeful, therefore, that having been apprised of the foregoing, you will immediately choose at this time to agree voluntarily to our demands and avoid any unnecessary legal intervention.
We are sure that you understand that our proposal to resolve this matter without resorting to litigation is for settlement purposes only and without prejudice to any of my client’s rights, which are expressly reserved.
Thank you for your immediate attention to this matter.
Respectfully,
________________________________
Rebecca Feigelson
Enclosures
Exhibit 1
http://specialappearanceneesehoneydip.eventbrite.com/
Special Appearance Autographed DVD w/ Neese Honey Dip
http://meetandgreetneesehoneydip.eventbrite.com/
Meet & Greet Autographed DVD w/ Neese Honey Dip
Exhibit 2
Agreement dated October 25, 2012

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