Extortion Emails and Extortion Letter
–
LINDA’S LYRICS, LLC
1050 E. Piedmont Road, E135 Marietta, GA 30062
T 678-521-6216
F 770-977-0077 thedashmanagement@lindaellis.net
www.lindaellis.net
Sent via: Email & US Mail
April 7, 2015
Ellis Target
Email: Imbeingextorted@dashvictim.net
Re: NOTIFICATION OF INTELLECTUAL PROPERTY COPYRIGHT
INFRINGEMENT OF THE POEM, “THE DASH”
Linda Ellis is the author of the poem, “The Dash” and works derivative of “The Dash”
(collectively, the “Poem.”). She owns the copyright for the Poem which is registered in
the Library of Congress, Registration Certificate: TXu 858-108, as well as various related
trademarks.
Imbeingextorted is currently using Ms. Ellis’ poem below without authorization. Screen
Capture: April 7, 2015
Linda’s Lyrics, LLC can find no reference to a license being issued for your use of the
poem. Accordingly, federal copyright and trademark law affords copyright and brand
owners, such as Linda’s Lyrics, LLC, the exclusive right to reproduce their works and
use their brands in any medium. Unauthorized publication of “The Dash” in connection
with Imbeingextorted, including its publication http://www. - - -- -(the “Website”)
constitutes federal copyright infringement pur- suant to 17 U.S.C. § 202 and is also a
violation of state unfair competition laws. Please note that the Copyright Act provides for
individual liability for all those involved in the infringement as well as corporate liability.
Linda Ellis makes her living as an author and inspirational speaker. She has devoted
much of her adult life to creating Poem, derivative works of the Poem and delivering the
messages embodied in the Poem. She has invested countless hours and hundreds of
thousands of dollars in her brand. Ms. Ellis feels incredibly fortunate to make a living by
providing inspiration, power and self-determination to the public.
However, the primary means by which she makes her living (enabling her to deliver her
mes- sage) is from the sales and licensing of books and products containing and related to
her Poem. When others make unauthorized uses of the Poem, Ms. Ellis and her company,
Linda’s Lyrics, LLC are damaged especially since each unauthorized posting of her
copyrighted work perpetuates its continuing illegal distribution. Rather than pursue legal
action for copyright infringement, Linda’s Lyrics, LLC is proposing the following
settlement actions:
Linda’s Lyrics, LLC is willing to issue a retroactive license for your unauthorized usage
of the poem, provided all requirements below are fulfilled:
• Take the Poem down from the Website and any other website in which you own or have
control;
• Destroy any marketing or other literature in your possession, custody or control which
contains any material portion of the Poem on the Website or any other website(s) that you
own or have control.
• Pay the retroactive license fee noted in the enclosed claim invoice within ten (10) days.
(Please see attached claim invoice.)
Subject to payment of the retroactive licensing fee, you are welcome to inquire about
continued use of the poem. Please contact Linda’s Lyrics, LLC at the below email or
phone number to dis- cuss your licensing needs.
Federal law authorizes copyright owners, like Ms. Ellis, to recover statutory damages of
up to $30,000.00 for each copyright violation in addition to the recovery of all attorneys’
and costs involved in pursuing the copyright violation. 17 U.S.C. §§ 504(c)(1) and 505. If
a court deter- mines the infringement intentional or “willful,” the law authorizes a court
to award statutory damages of up to $150,000.00 per copyright violation. 17 U.S.C. §
504(c)(2).
We do not enjoy lawsuits and hope to not have to resort to the courts; however, Ms. Ellis
has proven that she has, and will, protect the value and integrity of her copyrighted
works. In the case of Ellis v. Aronson, filed in the Northern District of Georgia, Ms. Ellis
received a judgment the amount of $269,000.00.1
This letter is sent as a compromise to resolve our claims of copyright infringement based
on the information we have gathered to date. Our offer of settlement is subject to change
based off of the scope of the infringement. Please contact Linda’s Lyrics, LLC at the
number or email below to resolve and discuss this issue. If the above steps are not taken
within the time allotted, Linda Ellis and Linda’s Lyrics, LLC reserve all rights to pursue
this matter in the courts to the maxi- mum extent authorized under the law at any time
without further notice to you. We would rather not take such action and we hope that a
reasonable settlement can be arranged.
Please contact, or have your insurance representative contact Linda’s Lyrics, LLC via
email, wthedashmanagement@lindaellis.net, or telephone, 678-521-6216 within ten (10)
days to re- solve this matter.
We look forward to your timely response. Sincerely,
Linda's Lyrics, LLC
1050 E. Piedmont Road, Suite E-135 Marietta, GA
30062
PHONE: 678-521-6216
FAX: 770-977-0077
This message is intended only for the use of the recipient to whom it is addressed and
may contain information that is privileged and confidential. If the reader of this message
is not the in- tended recipient or the employee or agent responsible for delivering the
message to the intended recipient, you are notified that any dissemination, distribution, or
copying of this communication is strictly prohibited. The contents of this email are
copyrighted and cannot be legally published or posted without expressed permission of
the author and copyright owner.
Ms. Ellis received a damage award for $150,000.00 plus attorneys’ fees of $119,000.00 for a total award of
$269,000.00 against the Defendant, Eric Aronson.
April 8
From: The Dash Management [mailto:thedashmanagement@lindaellis.net]
Sent: Tuesday, April 7, 2015 2:01 PM
To: Imbeingextorted
Subject: Notice of copyright infringement to Imbeingextorted
Importance: High
The attached letter is to serve as notification of copyright infringement of the poem,
"The Dash." "The Dash" is a poem written by Linda Ellis, and she owns the legal
copyright to the poem. This registered, copyrighted work has been published and
distributed unauthorized on the web site below.
http://www.imbeingextorted.net
We look forward to hearing from you, your legal counsel, or your insurance
company regarding the prompt payment of our claim invoice to resolve this matter.
Sincerely,
John W. Jolin
Intellectual Property Coordinator
Linda's Lyrics, LLC
1050 E. Piedmont Road
Suite E-135
Marietta, GA 30062
www.lindaellis.net
Phone: 678-521-6216
Fax: 770-977-0077
NOTICE: This message and accompanying documents are covered by the Electronic
Communications Privacy Act, 18 U.S.C. 2510-2521, and contains information
intended for the specified individual(s) only. This electronic mail transmission is for
the use of the named individual or entity to which it is directed and may contain
information that is privileged or confidential. It is not to be transmitted to or
received by anyone other than the named addressee (or a person authorized to
deliver it to the named addressee). It is not to be copied or forwarded to any
unauthorized persons. If you have received this electronic mail transmission in
error, delete it from your system without copying or forwarding it, and notify the
sender of the error by replying via email or by calling Linda’s Lyrics at
(678) 521-6216, so that our address record can be corrected.
2nd Email
From: The Dash Management [mailto:thedashmanagement@lindaellis.net]
Sent: Tuesday, April 7, 2015 5:01 PM
To: Imbeingextorted@dashvictim.net
Subject: Notice of copyright infringement to Imbeingextorted
Importance: High
The attached letter is to serve as notification of copyright infringement of the poem,
"The Dash." "The Dash" is a poem written by Linda Ellis, and she owns the legal
copyright to the poem. This registered, copyrighted work has been published and
distributed unauthorized on the web site below.
http://www.loopnet.com/blog/Imbeingextorted-barberini-realtor--thedash_16853783355511712420/
We look forward to hearing from you, your legal counsel, or your insurance
company regarding the prompt payment of our claim invoice to resolve this matter.
Sincerely,
John W. Jolin
Intellectual Property Coordinator
Linda's Lyrics, LLC
1050 E. Piedmont Road
Suite E-135
Marietta, GA 30062
www.lindaellis.net
Phone: 678-521-6216
Fax: 770-977-0077
NOTICE: This message and accompanying documents are covered by the Electronic
Communications Privacy Act, 18 U.S.C. 2510-2521, and contains information
intended for the specified individual(s) only. This electronic mail transmission is for
the use of the named individual or entity to which it is directed and may contain
information that is privileged or confidential. It is not to be transmitted to or
received by anyone other than the named addressee (or a person authorized to
deliver it to the named addressee). It is not to be copied or forwarded to any
unauthorized persons. If you have received this electronic mail transmission in
error, delete it from your system without copying or forwarding it, and notify the
sender of the error by replying via email or by calling Linda’s Lyrics at
(678) 521-6216, so that our address record can be corrected.
3rd Email
From: The Dash Management [mailto:thedashmanagement@lindaellis.net]
Sent: Wednesday, April 8, 2015 8:19 AM
To: Imbeingextorted
Subject: RE: Notice of copyright infringement to Imbeingextorted
Thank you for the prompt removal of Ms. Ellis’ poem from your website. Please
respond promptly to our offer of settlement to resolve this matter.
Sincerely,
John W. Jolin
Intellectual Property Coordinator
Linda's Lyrics, LLC
1050 E. Piedmont Road
Suite E-135
Marietta, GA 30062
www.lindaellis.net
Phone: 678-521-6216
Fax: 770-977-0077
4th Email
From: The Dash Management [mailto:thedashmanagement@lindaellis.net]
Sent: Monday, April 13, 2015 10:23 AM
To: Imbeingextorted
Subject: RE: Notice of copyright infringement to Imbeingextorted
Mr. Barberini,
Please respond promptly to our offer settlement to resolve this matter.
Sincerely,
John W. Jolin
Intellectual Property Coordinator
Linda's Lyrics, LLC
1050 E. Piedmont Road
Suite E-135
Marietta, GA 30062
www.lindaellis.net
Phone: 678-521-6216
Fax: 770-977-0077
6th Email
From: The Dash Management [mailto:thedashmanagement@lindaellis.net]
Sent: Wednesday, May 13, 2015 2:22 PM
To: Imbeingextorted@dashvictim.net
Subject: RE: Notice of copyright infringement to Imbeingextorted
Importance: High
Mr. Barberini,
Just to be clear our settlement offer is in lieu of filing suit in federal court and
pursuing statutory damages. Statutory damages are a damage award in civil law, in
which the amount awarded is stipulated within the statute rather than being
calculated based on the degree of harm to the plaintiff. Lawmakers will provide for
statutory damages for acts in which it is difficult to determine a precise value of the
loss suffered by the victim. Because of the ease of infringement, federal law
authorizes copyright owners, like Ms. Ellis, to recover statutory damages of up to
$30,000.00 for each copyright violation in addition to the recovery of all attorneys’
and costs involved in pursuing the copyright violation. 17 U.S.C. §§ 504(c)(1) and
505. If a court determines the infringement intentional or “willful,” the law
authorizes a court to award statutory damages of up to $150,000.00 per copyright
violation. 17 U.S.C. § 504(c)(2).
We do not enjoy lawsuits and hope to not have to resort to the courts; however, Ms.
Ellis has proven that she has, and will, protect the value and integrity of her
copyrighted works. In the case of Ellis v. Aronson, filed in the Northern District of
Georgia, Ms. Ellis received a judgment the amount of $269,000.00.
Ms. Ellis is prepared to file a lawsuit in Federal Court if we cannot reach a
resolution..
We hope that you share our desire to avoid the costs and expenses of litigation and
come to a resolution of this matter. If so, contact us immediately or remit payment
to Linda’s Lyrics, LLC to resolve this matter.
Sincerely,
John W. Jolin
Intellectual Property Coordinator
Linda's Lyrics, LLC
2146 Roswell Rd. NE
STE 108-124
Marietta, GA 30062
www.lindaellis.net
Phone: 678-521-6216
NOTICE: This message and accompanying documents are covered by the Electronic
Communications Privacy Act, 18 U.S.C. 2510-2521, and contains information
intended for the specified individual(s) only. This electronic mail transmission is for
the use of the named individual or entity to which it is directed and may contain
information that is privileged or confidential. It is not to be transmitted to or
received by anyone other than the named addressee (or a person authorized to
deliver it to the named addressee). It is not to be copied or forwarded to any
unauthorized persons. If you have received this electronic mail transmission in
error, delete it from your system without copying or forwarding it, and notify the
sender of the error by replying via email or by calling Linda’s Lyrics at
(678) 521-6216, so that our address record can be corrected.
5th Email
From: The Dash Management [mailto:thedashmanagement@lindaellis.net]
Sent: Tuesday, May 26, 2015 10:05 AM
To: Imbeingextorted
Subject: RE: Notice of copyright infringement to Imbeingextorted
Mr. Barberini,
Please respond so we can finally resolve this matter.
Sincerely,
John W. Jolin
Intellectual Property Coordinator
Linda's Lyrics, LLC
2146 Roswell Rd. NE
STE 108-124
Marietta, GA 30062
www.lindaellis.net
Phone: 678-521-6216
NOTICE: This message and accompanying documents are covered by the Electronic
Communications Privacy Act, 18 U.S.C. 2510-2521, and contains information
intended for the specified individual(s) only. This electronic mail transmission is for
the use of the named individual or entity to which it is directed and may contain
information that is privileged or confidential. It is not to be transmitted to or
received by anyone other than the named addressee (or a person authorized to
deliver it to the named addressee). It is not to be copied or forwarded to any
unauthorized persons. If you have received this electronic mail transmission in
error, delete it from your system without copying or forwarding it, and notify the
sender of the error by replying via email or by calling Linda’s Lyrics at
(678) 521-6216, so that our address record can be corrected.
6th Email
From: The Dash Management [mailto:thedashmanagement@lindaellis.net]
Sent: Friday, April 24, 2015 6:23 AM
To: Imbeingextorted
Subject: RE: Notice of copyright infringement to Imbeingextorted
Mr. Imbeingextorted,
Please respond immediately to our offer of settlement to resolve this matter
amicably.
Sincerely,
John W. Jolin
Intellectual Property Coordinator
Linda's Lyrics, LLC
1050 E. Piedmont Road
Suite E-135
Marietta, GA 30062
www.lindaellis.net
Phone: 678-521-6216
Fax: 770-977-0077
NOTICE: This message and accompanying documents are covered by the Electronic
Communications Privacy Act, 18 U.S.C. 2510-2521, and contains information
intended for the specified individual(s) only. This electronic mail transmission is for
the use of the named individual or entity to which it is directed and may contain
information that is privileged or confidential. It is not to be transmitted to or
received by anyone other than the named addressee (or a person authorized to
deliver it to the named addressee). It is not to be copied or forwarded to any
unauthorized persons. If you have received this electronic mail transmission in
error, delete it from your system without copying or forwarding it, and notify the
sender of the error by replying via email or by calling Linda’s Lyrics at
(678) 521-6216, so that our address record can be corrected.
From: The Dash Management [mailto:thedashmanagement@lindaellis.net]
Sent: Monday, June 15, 2015 2:02 PM
To: Imbeingextorted
Subject: RE: Notice of copyright infringement to Imbeingextorted
Importance: High
Imbeingextorted,
We have been more than patient. We are turning this matter over to our IP attorney
in 3 days if we do not hear from you. Please contact me immediately to avoid costly
litigation.
Sincerely,
John W. Jolin
Intellectual Property Coordinator
Linda's Lyrics, LLC
2146 Roswell Rd. NE
STE 108-124
Marietta, GA 30062
www.lindaellis.net
Phone: 678-521-6216
NOTICE: This message and accompanying documents are covered by the Electronic
Communications Privacy Act, 18 U.S.C. 2510-2521, and contains information
intended for the specified individual(s) only. This electronic mail transmission is for
the use of the named individual or entity to which it is directed and may contain
information that is privileged or confidential. It is not to be transmitted to or
received by anyone other than the named addressee (or a person authorized to
deliver it to the named addressee). It is not to be copied or forwarded to any
unauthorized persons. If you have received this electronic mail transmission in
error, delete it from your system without copying or forwarding it, and notify the
sender of the error by replying via email or by calling Linda’s Lyrics at
(678) 521-6216, so that our address record can be corrected.
7th Email
From: The Dash Management [mailto:thedashmanagement@lindaellis.net]
Sent: Monday, June 15, 2015 2:02 PM
To: Imbeingextorted
Subject: RE: Notice of copyright infringement to Imbeingextorted
Importance: High
Imbeingextorted,
We have been more than patient. We are turning this matter over to our IP attorney
in 3 days if we do not hear from you. Please contact me immediately to avoid costly
litigation.
Sincerely,
John W. Jolin
Intellectual Property Coordinator
Linda's Lyrics, LLC
2146 Roswell Rd. NE
STE 108-124
Marietta, GA 30062
www.lindaellis.net
Phone: 678-521-6216
NOTICE: This message and accompanying documents are covered by the Electronic
Communications Privacy Act, 18 U.S.C. 2510-2521, and contains information
intended for the specified individual(s) only. This electronic mail transmission is for
the use of the named individual or entity to which it is directed and may contain
information that is privileged or confidential. It is not to be transmitted to or
received by anyone other than the named addressee (or a person authorized to
deliver it to the named addressee). It is not to be copied or forwarded to any
unauthorized persons. If you have received this electronic mail transmission in
error, delete it from your system without copying or forwarding it, and notify the
sender of the error by replying via email or by calling Linda’s Lyrics at
(678) 521-6216, so that our address record can be corrected.