WITHOUT PREJUDICE – YOUR INFRINGING CONDUCT
Copyright infringement
Our ref 6883
Dear Rahul
We act for Yellow Pages Group Limited ("Yellow").
1. Background
(In this section they mentioned details of their client Yellow Pages' business)
2. Your infringing activities
We have been made aware of (and have supporting email evidence of) your numerous offers and approaches to various New Zealand businesses and individuals regarding the copying of our client's various directories products.
Specifically, we have written confirmation that:
1. You are currently selling a copied version of our client's WHITE PAGES databases.
2. You are offering to copy information from our client's WHITE PAGES directories and YELLOW PAGES directories.
3. You are offering to sell copied and transcribed information from our client's WHITE PAGES and YELLOW PAGES directories.
3. Our client's demands
Our client has invested significant time and resources into preparing and maintaining its various copyright-protected databases. While it welcomes honest competition in the marketplace, it will not idly stand by and watch as third parties use its IP and infringe its rights.
You have until 5PM (New Zealand time) Monday, 21 April 2014 to do all of the following:
1. Destroy/delete all copies of any databases sourced from our client presently in your possession or control. Specifically, you must destroy all electronic copies of our client's WHITE PAGES, YELLOW PAGES or YELLOW directories in your possession or control.
2. Cease offering to copy or transcribe any of our client's WHITE PAGES, YELLOW PAGES or YELLOW directories.
3. Provide us with details as to the number of infringing WHITE PAGES, YELLOW PAGES or YELLOW directories sold and/or distributed by you.
4. Provide us with full contact details of any customer who has purchased an infringing WHITE PAGES, YELLOW PAGES or YELLOW directory from you.
5. Confirm that you will no longer sell, offer to sell, copy and/or transcribe, or offer to copy and/or transcribe any of our client's WHITE PAGES, YELLOW PAGES or YELLOW directories in the future.
6. Contribute towards out client's legal costs incurred as a result of your infringing activities (currently NZ$1,500).
Partial compliance with the above demands will be unacceptable to our client.
Should you continue to infringe our client's rights, we will be recommending to them that take appropriate steps to cease your infringing behaviour (including initiating Court proceedings and seeking an injunction to stop your activities). Our client will be monitoring your LinkedIn, Google Plus, and Twitter accounts on a regular basis to ensure that you cease your infringing activities.
We look forward to receiving confirmation that the above demands have been met.
In the meantime, our client reserves all of its rights in this matter.
Yours faithfully,
