On Wed, 18 Feb 2004 12:56:10 -0800
 "Paul S. Berra" <PBerra@LavelySinger.com wrote:
 
 February 18, 2004
 
 CONFIDENTIAL LEGAL COMMUNICATIONS
 PROTECTED UNDER THE UNITED STATES COPYRIGHT ACT
 NOT FOR PUBLICATION OR OTHER USE
 
 
 VIA E-MAIL 
 xillwillx@yahoo.com 
 morningwood@thepub.co.za
 atomix@illmob.org
 
 WWW.ILLMOB.ORG
 Attn: illwill
 morning wood
 atomix
 
 Re: Salomon v. Hilton, et al./Copyright Violations
 Our File No.: 3536-4
 
 Dear Sirs/Madams:
 
 We are litigation counsel for Rick Salomon and his
 website, www.trustfundgirls.com. As we have demanded of
 other website operators and/or registrants, including
 those persons and entities recently responsible for
 www.sdr2.com, we hereby demand that you immediately cease
 and desist from any further unauthorized exploitation of
 the video (the "Video") involving Mr. Salomon and Paris
 Hilton on the Internet and elsewhere. Specifically, it
 has come to our attention that each of you have been and
 are currently involved in the unlawful distribution and
 commercial exploitation of the Video in a malicious
 attempt to market and exploit your websites and the
 products you purport to offer.
 
 Be advised that my clients are the exclusive owners of
 the copyrights and other rights in the Video, and the
 Video is being lawfully sold on, www.trustfundgirls.com,
 the only website which is permitted to sell, publish,
 broadcast, distribute or otherwise commercially exploit
 (collectively, "exploit") the Video, and any portion
 thereof. Therefore, if you do not immediately cease and
 desist exploiting the Video in any and all media
 whatsoever, including but not limited to stills of the
 video, your individual exposures regarding liability and
 damages in this case will continue to increase
 exponentially, minute by minute, hour by hour. This
 urgency applies with full force and effect to each and
 every person and entity, including any other websites,
 acting with you or on your behalf. Even if you purport
 to give the Video away for free is irrelevant. As the
 exclusive rights owners, my clients will suffer even more
 harm - - which we estimate will run into the tens of
 millions of dollars - - regardless of how much you charge
 for the Video. Furthermore, you will be forced to
 disgorge any revenues and profits earned therefrom and
 will be subject to criminal prosecution. Anyone involved
 in exploiting the Video will be responsible for
 compensating my clients, in full, for the damages that
 they suffer.
 
 It is no longer disputed that my clients own all
 copyrights and other rights in the Video. The
 unauthorized copying and distribution of the Video
 clearly constitutes intentional and malicious
 infringements of copyright in violation of the United
 States Copyright Act, Title 17 of the United States Code,
 Section 101, et. seq., and exposes you and everyone
 acting in concert with you to civil liability, damages,
 injunctive relief and reimbursement of all attorneys'
 fees and costs incurred by my client(s) in connection
 with a copyright infringement action. Infringement of
 Mr. Salomon's copyrights will also expose you to criminal
 prosecution, particularly if you continue to recklessly
 choose to distribute the Video after being placed on
 written notice that you have absolutely no rights to do
 so. Section 504(b) of Title 17 of the United States Code
 states:
 
 [T]he owner of copyright under this [Act] has the
 exclusive rights to do and to authorize any of the
 following: (1) to reproduce the copyrighted work . . .
 (2) to prepare derivative works . . . (3) to distribute
 copies . . . (4) to perform the copyrighted work publicly
 . . . and (5) to display the copyrighted work publicly.
 
 (Emphasis added). Any action inconsistent with, or in
 anyway violative of, Mr. Salomon's copyrights in the
 Video constitute copyright infringement. See also, CMAX
 / Cleveland v. UCR, Inc., 804 F. Supp. 337 (M.D. Ga.
 1992). The Copyright Act clearly defines such actions as
 unauthorized publications and broadcasts which constitute
 infringement, whether or not you are selling the
 copyrighted work, merely trading, or supposedly giving
 them away. Section 101 of Title 17 of the United States
 Code sets forth the legal definitions of terms within the
 Act:
 
 "Publication" is the distribution of copies ... of a
 work to the public by sale or other transfer of
 ownership, or by rental, lease, or lending . . . or other
 distribution.
 
 Anyone "who violates any of the exclusive rights of the
 copyright owner . . . is an infringer of the copyright."
 17 U.S.C. §§ 501(a).
 
 You and the other infringers will be held liable for any
 and all actual damages sustained by my clients as a
 result of your unlawful exploitation of the Video, and
 you and the other infringers will be legally required and
 ordered to disgorge and pay to my clients any and all
 gross revenues and profits which you and the other
 infringers receive now or in the future in connection
 with the copying and distribution of the Video. 17 U.S.C.
 §§§§ 504; see also, U.S. Payphone, Inc. v. Executives
 Unlimited of Durham, Inc., 781 F. Supp. 412 (M.D.N.C.
 1991) (in addition to damages personally suffered,
 profits gained by the infringement were disgorged
 ensuring that the infringers did not retain any benefits
 flowing from their wrongful conduct).
 
 If necessary, we will obtain through the litigation
 process any and all business records evidencing your
 improper conduct, and my clients will spare no expense to
 track down every infringer connected to your unlawful
 scheme. Section 504(b) of Title 17 of the United States
 Code states:
 
 "The copyright owner is entitled to recover the
 actual damages suffered by him or her as a result of the
 infringement, and any profits of the infringer that are
 attributable to the infringement and are not taken into
 account in computing the actual damages. In establishing
 the infringer's profits, the copyright owner is required
 to present proof only of the infringer's gross revenue,
 and the infringer is required to prove his or her
 deductible expenses and the elements of profit
 attributable to factors other than the copyrighted work."
 (Emphasis added).
 
 You are further required to account to my clients for any
 and all gross revenues and profits you may have received
 from the offering and/or distribution of any of the
 Video. Respect Inc. v. Committee on Status of Women, 821
 F. Supp. 531 (N.D. Ill. 1993).
 
 Moreover, my clients will, if necessary, obtain an order
 restraining you from any further copying or distribution
 of the Video. 17 U.S.C. §§ 502. In addition, you have
 also exposed yourself to costs and attorneys' fees
 incurred by my clients in connection with the legal
 actions necessary to enforce and protect his copyrights
 and other exclusive rights in the Video. 17 U.S.C. §§
 505; Chi-Boy Music Club v. Charlie Club, Inc., 930 F.2d
 1224 (7th Cir. 1991) (attorneys' fees awarded against
 intentional infringer); In Design v. K-Mart Apparel
 Corp., 13 F.3d 559 (2nd Cir. 1992) (attorneys' fees
 awarded to the prevailing party as incentive for
 copyright owners to use courts to challenge and stop
 infringement and to deter infringement).
 
 Finally, you have unlawfully misappropriated Mr.
 Salomon's name and likeness for a commercial purpose, and
 in so doing, have damaged his reputation. Your use of
 Mr. Salomon's name to exploit the Video inevitably causes
 confusion as to the source, sponsorship, affiliation and
 endorsement of the products offered by your websites, all
 in violation of Section 43(a) of the federal Lanham Act.
 15 U.S.C. § 1125(a) prohibits a person from using in
 commerce any term or false designation of origin which
 "is likely to cause confusion . . . as to the
 affiliation, connection, or association of such person
 with another person, or as to the origin, sponsorship,
 or approval of his or her goods, services or commercial
 activities by another person."
 
 In an attempt to ameliorate this harm, and hopefully
 slow down the unlawful proliferation of the Video on the
 Internet and elsewhere, we demand that you immediately
 comply with the following:
 
 (1) e-mail to me a written acknowledgment that you have
 ceased and permanently desisted from using, publishing,
 distributing, selling, licensing or otherwise exploiting
 the Video in any manner, including any other websites
 that you are affiliated with; 
 
 (2) inform every identifiable person and entity who
 viewed, purchased, copied and/or downloaded a copy of the
 Video from one of your websites of the following:
 
 (a) you never had valid rights to use, distribute,
 publish or otherwise exploit the Video, and therefore
 they never had valid rights to download or view any
 portions of it, and they still do not have any such
 rights;
 
 (b) Rick Salomon's attorneys have represented to you
 that Mr. Salomon and his website, www.trustfundgirls.com,
 are the exclusive owners of all copyrights and other
 rights in the Video, and, as a result, you have removed
 the Video from your websites; and
 
 (c) Those who copied or downloaded the Video must cease
 and desist from any further distribution, publishing or
 exploitation of the Video in any manner, or face
 liability and damages based thereon, including the
 imposition of punitive damages for knowingly violating
 one's copyrighted material, and subjecting themselves to
 criminal prosecution; 
 
 (3) provide to me a detailed accounting of any and all
 monies that you and any affiliated websites have received
 from the use, publishing, distribution and any other
 exploitation of the Video;
 
 (4) destroy all copies of the Video in any media,
 whatsoever, including but not limited to any and all
 videotape, film, compact discs, DVD's, computer floppy
 discs, electronic mail, and provide to me a written
 confirmation of same; and
 
 (5) provide to me a list of websites that you are
 affiliated with, a list of names, e-mail addresses, and
 other contact information of those persons and other
 entities who copied or downloaded the Video from your
 websites and/or have published, distributed or otherwise
 exploited the Video.
 
 Should you fail to fully comply with these reasonable
 demands, Mr. Salomon will have no alternative but to
 assert his legal rights against you and those acting on
 your behalf under both federal and state law and seek
 compensatory damages, punitive damages, injunctive
 relief, and the recovery of attorneys' fees necessitated
 by your unlawful conduct.
 
 This is a confidential legal notice and may not be
 published, in whole or in part. Any republishing or
 dissemination of same, including but not limited to the
 posting of the contents hereof on the Internet, shall
 constitute a copyright infringement and will subject the
 re-publisher(s) to civil liability for such actions.
 This letter does not constitute a complete or exhaustive
 statement of all of my client's rights, claims,
 contentions or legal theories regarding this matter.
 Nothing stated herein is intended as, nor should it be
 deemed to constitute, a waiver or relinquishment of any
 of my client's rights or remedies, whether legal or
 equitable, all of which are hereby expressly reserved.
 
 Sincerely,
 
 / S /
 
 PAUL S. BERRA
 
 cc: Mr. Richard Salomon
 Martin D. Singer, Esq.
 3536-2\Let\PSB-INFRINGERS 021804
 
 

----------------------------------------------------------------------
 PAUL S. BERRA
 LAVELY & SINGER PROFESSIONAL CORPORATION
 ATTORNEYS AT LAW
 2049 CENTURY PARK EAST, SUITE 24000 
 LOS ANGELES, CALIFORNIA 90067-2906 
 TELEPHONE: (310) 556-3501
 FACSIMILE: (310) 556-3615
 www.LavelySinger.com
 E-MAIL: pberra@lavelysinger.com

----------------------------------------------------------------------
 
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