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RubinBaum LLP |
Including former partners of Gold, Farrell & Marks
LLP |
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Ronald Greenberg Michael J. Weinberger† Martin R. Gold Stephen A. Marshall Edward Klimerman Allan M. Rosenbloom Thomas G. Barrett David A. Mandel, P.C. Alvin J. Goldman† Stephen L. Solomon Matthew L. Lifflander Raymond J. Heslin Martin J. Schwartz Michael J. Emont Martin P. Michael Paul
A. Gajer |
Paul V. LiCalsi Jane G. Stevens Brit L. Geiger† Denise M. Tormey Robert W. Cockren†‡ Arlene G. Dubin Robert J. Benowitz Robert B. Zimmerman Paul H. Aloe‡ Christine Lepera Marina Rabinovich Richard G. Primoff Mark S. Lafayette Norman Alpert Christine A. McGuinness Richard
M. Zuckerman |
Of Counsel Irving Constant, P.C. Burton R. Rubin, P.C. Carl Robert Aron Philip Dropkin Paul Katcher Daniel A. Besdin Richard I. Reich Carol R. Schepp Max J. Rubin (1906-1996) Frederick Baum (1909-1985) Abraham G. Levin (1919-1995) Jack G. Friedman (1923-1996) † Also a Member of Florida Bar ‡ Also a Member of New Jersey Bar |
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rockefeller plaza new york, new york 10112 (212) 698-7700 · fax: (212) 698-7825 www.rubinbaum.com New Jersey Office: 820 Morris Turnpike Short Hills, New Jersey 07078 (973) 564-6480 · Fax: (973) 564-6493 NEW YORK DIRECT DIAL NUMBER: (212) 698-2422 EMAIL ADDRESS ALIPPMAN@RUBINBAUM.COM |
July 14, 2001
VIA E-MAIL, FIRST CLASS MAIL
AND CERTIFIED MAIL
Mr. Alonzoe Fuller
xxxx xxx xxxxxxx xxxx
Acworth, GA xxxxx-xxxx
Re: Apple
Corps Limited/Subafilms Ltd./Alonzoe Fuller
Dear Mr. Fuller:
We represent Apple Corps Limited and the
Apple Group of related companies, including Subafilms Ltd. (hereinafter,
collectively, "Apple"), which are wholly owned by Messrs. George
Harrison, Paul McCartney and Richard Starkey and Mrs. Yoko Ono Lennon. Please be advised that, among other things,
Apple owns and controls The Beatles name and likeness, The Beatles registered
trademark and The Beatles distinctive logo; additionally, Apple is the
copyright owner of the animated feature film entitled “Yellow Submarine” and of
the images featured therein, the photographs taken of The Beatles in connection
with the Sgt. Pepper's Lonely Hearts Club Band record album, several other
photographs and images of the Beatles, and the album artwork featured on the
various Beatles record albums
(hereinafter, the proprietary material referenced in this sentence will
be referred to collectively as “Apple’s Proprietary Material”) .
It has recently come to my clients’ attention
that you are hosting a website at 7ater.com which features Apple’s Proprietary
Material, without any license or other form of permission to do so. Please be advised that your posting of this
material on your website violates, among other things, the federal Lanham Act,
the U.S Copyright Act, common law protections against unfair competition and
infringement of rights of publicity.
Additionally, your website
appears to be a vehicle for your blatant trafficking in Beatles bootleg sound
recordings, in violation of Section 11 of the U.S. Copyright Act. .
Accordingly, we hereby demand the following
of you and any person or entity acting in concert with you: (1) that you immediately remove all of Apple’s
Proprietary Material from your website; (2) that you immediately cease all
trafficking in Beatles bootleg recordings, and that you remove all links on your
web-site to any sites which support the trafficking in Beatles bootleg
recordings; (3) that you provide us with all documentation of licenses or other
authorizations, if any, by which you claim any right to exploit Apple’s
Proprietary Material; and (4) that you set forth a reasonable proposal for
compensating Apple for your unauthorized use of Apple’s Proprietary Material.
Please provide a written response to this
letter no later than three business days from your receipt hereof. You are hereby placed on notice that your
exploitation of Apple’s Proprietary Material and your trafficking in Beatles
bootleg recordings constitute a violation of our clients’ legal and equitable
rights for which they will hold you and any person or company acting in concert
with you fully accountable.
We reserve all of our clients’ rights and
remedies with respect to the subject matter hereof.
Very truly yours,
Amy J. Lippman
AJL:as
cc: Mr.
Neil Aspinall (By Facsimile)
George Kangis, Esq. (By Facsimile)