Complaint Against Granite Tile World Ted Miller
After several attemps to negotiate with Ted Miller over his non-payment of a bill for website construction in 2006 and his subsequent use of my designed website for over four years in violation of my copyright, I sought legal action against Ted Miller. The following information is part of the correspondence from my attorney to Mr. Miller. As of November 9, 2010 Ted Miller has made no effort to pay for his copyright infringement. The only step he has taken was to discontinue use of my copyright designed website. For that I am grateful, however he still owes for the use and the website traffic resulting in customers that my designed website delivered to him.
Granite Tile World
5602 South Adams Street
Tacoma, WA 98409
Re: Don Doman
Unauthorized Use of Copyright Materials and Infringement
Dear Mr. Miller:
Please be advised that the undersigned counsel represents Don Doman. We have been retained to pursue damages, injunctive relief and recovery of profits derived from your unauthorized use of our clientís work product and his original works of authorship.
A cursory internet search for granite kitchens and counters, tile and/or granite countertops, bathroom vanities, tubs and table tops in Tacoma, inevitably leads one to your company name as a first reference and within the first several hits listed under any combination of the foregoing. This internet success rate comes to you solely as a result of Mr. Domanís web page design and his expertise in placing special background codes to your web page, which have successfully and consistently pointed inquiries to your company, even now, four years after his design of the web page and codes.
This is Mr. Domanís exclusive, copyrighted and uniquely protected work. You have not provided any payment, nor provided any other consideration for the use of this work. You are, therefore, using the same without the consent of its creator. Amazingly, your web page clearly shows our clientís copyright mark and appropriate notification concerning his reservation of rights; leaving no argument whatsoever regarding your unauthorized usurping of benefit and infringement of this work.
You are not authorized to use this web page, nor the unique code references designed and implemented by our client. You are, therefore, directed to immediately cease and desist any and all use of the present web page utilized by your company.
Alternatively, we have been authorized to convey to you an offer of settlement, whereby you will receive our clientís authorization to use the existing website and codes in exchange for your immediate cash payment in the amount of $10,000. This offer will remain available for your acceptance until April 30, 2010 at which time it will be automatically revoked without further notice. If not accepted, we have been directed to immediately initiate litigation to pursue protection of our clientís copyright and seek damages arising from its unauthorized misuse.
We have been advised of your purported claim for non-payment of certain tile work performed in the downstairs bedroom of my clientís house. This work was done in exchange for a previous company web page (www.tileworldtacoma.com) which my client designed and provided to you long ago, in trade for the bedroom tile work. Your claim for past due payment has therefore, not only been received in full, but it is now time-barred by the applicable statute of limitations, which governs the time frames allowed for filing suit. The present claim for copyright infringement, however, is not similarly time-barred because the violation is ongoing and has only recently been discovered.
You are advised to treat our offer of settlement most seriously. We expect your timely payment as set forth herein. Please be advised that even without resort to litigation, given the unique characteristics of the internet, the creator of your website has other means of seeking recourse to assure the immediate discontinuance of this unauthorized use.
The Doman Directories
4701 North Huson, Tacoma, WA 98407
(253) 759-6639, (253) 759-8373 fax
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