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    Cease and Desist Letter From TheWrap To Newser

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    The Wrap
    The Wrap demands that Newser, LLC (“Newser”), and any agent or affiliate of Newser, immediately cease and desist using The Wrap as a source for Newser content.

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    Cease and Desist Letter From TheWrap To Newser

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    The Wrap
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    The Wrap demands that Newser, LLC (“Newser”), and any agent or affiliate of Newser, immediately cease and desist using The Wrap as a source for Newser content.

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    Cease and Desist letter from TheWrap to Newser

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    The Wrap demands that Newser, LLC (“Newser”), and any agent or affiliate of Newser, immediately cease and desist using The Wrap as a source for Newser content.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    5K views2 pages

    Cease and Desist Letter From TheWrap To Newser

    Uploaded by

    The Wrap
    The Wrap demands that Newser, LLC (“Newser”), and any agent or affiliate of Newser, immediately cease and desist using The Wrap as a source for Newser content.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
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    You are on page 1of 2

    Mark E.

    Avsec
    Writer’s Direct Dial: (216) 363-4151
    Writer’s Email: mavsec@bfca.com

    April 7, 2010

    VIA CERTIFIED MAIL AND E-MAIL


    (pjspain@newser.com)

    Newser, LLC
    Attention: Mr. Patrick Spain, Chairman and
    CEO
    65 East Wacker Place, Suite 2400
    Chicago, Illinois 60601

    Dear Mr. Spain:


    We are intellectual property litigation counsel for The Wrap News, Inc. (“The Wrap”).
    We are writing in response to your March 31, 2010 e-mail reply to The Wrap’s Chief Operating
    Officer, Kevin Davis (As you know, Mr. Davis had written a March 30, 2010 e-mail letter to
    Caroline Miller (the “Davis E-Mail”)).
    We demand that Newser, LLC (“Newser”), and any agent or affiliate of Newser,
    immediately cease and desist using The Wrap as a source for Newser content. Newser is not
    following industry best practices, is intentionally misleading consumers/users at the expense of
    The Wrap and at the expense of other unnamed sources, and has effectually demonstrated no
    intention to allow consumers/users to logically and easily ascertain the source of Newser articles.
    Newser’s conduct violates The Wrap’s rights because: (1) The Wrap generates and
    gathers time-sensitive information at a cost, including, without limitation, original stories
    ferreted out and reported by The Wrap’s full-time employees and paid contributors; (2) Newser
    free-rides on The Wrap’s sweat of the brow by publishing summaries of these stories without
    affording The Wrap appropriate credit and a prominent link; and (3) Newser is in direct
    competition with The Wrap. Thus, Newser’s conduct, in addition to amounting to garden variety
    plagiarism, constitutes unfair competition and violates certain deceptive trade practices statutes.
    I refer you to the Davis E-Mail for appropriate ways to credit The Wrap when summarizing, i.e.,
    re-writing, The Wrap’s stories.
    Further, The Wrap will begin registering copyrights in its original content with the
    Copyright Office on a going forward basis. Your staff should think twice about re-writing The
    Wrap’s stories in the future. While underlying facts are not protectable, The Wrap’s original
    expression of those facts is protectable. If your people cross that line in the future by
    appropriating The Wrap’s copyright-protected expression, The Wrap will not hesitate to bring an
    action against Newser for copyright infringement. In such an action, The Wrap would seek, in
    its discretion, actual or statutory damages as well as attorneys’ fees recompense.
    The Wrap values its intellectual property rights and will not hesitate to litigate to enforce
    these rights. Nothing contained in or omitted from this letter will be deemed to be an admission
    Newser, LLC
    Attention: Mr. Patrick Spain, Chairman and CEO
    Page 2

    of any fact or a waiver of any rights or remedies with respect to the subject of this letter, all of
    which rights and remedies are expressly reserved.

    Sincerely,

    BENESCH, FRIEDLANDER, COPLAN


    & ARONOFF LLP

    Mark E. Avsec
    MEA/

    cc: Elizabeth Dellinger, Esq.


    Ira Kaplan, Esq.
    Sharon Waxman
    Kevin Davis

    Doc 3555345 Ver 2

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