WEB SHERIFF®
Creative Protection™
Incorporating Entertainment Law Associates™
websheriff@websheriff.com
www.websheriff.com
NOTIFICATION
Pursuant to (as applicable)
UNITED STATES FEDERAL TRADE COMMISSION E-COMMERCE REGULATIONS (CONSUMER PROTECTION NOTICE)
EUROPEAN UNION E-COMMERCE DIRECTIVE (CONSUMER PROTECTION NOTICE)
UNITED KINGDOM CONSUMER RIGHTS ACT (CONSUMER PROTECTION NOTICE)
UNITED STATES FEDERAL TRADE MARKS ACT (TRADE MARK INFRINGEMENT NOTICE)
EUROPEAN UNION TRADE MARKS DIRECTIVE (TRADE MARK INFRINGEMENT NOTICE)
UNITED KINGDOM TRADE MARKS ACT (TRADE MARK INFRINGEMENT NOTICE)
DIGITAL MILLENNIUM COPYRIGHT ACT (COPYRIGHT INFRINGEMENT NOTICE)
EUROPEAN UNION COPYRIGHT DIRECTIVE (COPYRIGHT INFRINGEMENT NOTICE)
UNITED KINGDOM COPYRIGHT, DESIGNS & PATENTS ACT (COPYRIGHT INFRINGEMENT NOTICE)
UNITED NATIONS ANTI MONEY LAUNDERING CONVENTION (PROCEEDS OF ILLEGAL ACTIVITIES NOTICE)
INTERNATIONAL CONVENTION ON CYBER CRIME (PROCEEDS OF ILLEGAL ACTIVITIES NOTICE)
— and —
NOTICE OF BREACH OF ISP’S / HOST’S PUBLISHED TERMS OF SERVICE
NOTICE OF BREACH OF WEB-SITE’S PUBLISHED TERMS OF SERVICE
*** CONSUMER PROTECTION ADVISORY – The Infringing Web Site is clearly and illegally procuring money from the public / from on-line consumers by way of A. exploiting the Rights Owners’ name and image / right-of-publicity as ‘click-bait’ to attract web-traffic and B. totally false and fraudulently advertised ‘product endorsements’, which bogus endorsements illegally trade-upon and infringe the name, likeness, goodwill, right-of-publicity, trademarks and copyrights (as applicable) of the Rights Owners (as set-out below). Such activities also blatantly infringe and contravene – inter alia – United States, United Kingdom, European Union and international criminal laws, consumer protection laws and civil / intellectual property laws. ***
© 2022 WEB SHERIFF®
This Notice is the Copyright of WEB SHERIFF®
1. Rights Owner(s) : THE ESTATE OF MICHAEL JACKSON®
2. Rights Agent : WEB SHERIFF®
3. Infringed Rights : A. INTERNATIONAL & DOMESTIC CRIMINAL LAWS (FRAUD — PROCURING MONEY FROM THE PUBLIC VIA THE INTERNET UNDER FALSE PRETENSES), B. INTERNATIONAL & DOMESTIC ANTI-MONEY-LAUNDERING LAWS (PARTICIPATION IN PROCEEDS OF DE FACTO CRIMINAL ACTIVITY), C. INTERNATIONAL & DOMESTIC CONSUMER PROTECTION LAWS (FAILURE TO COMPLY WITH FEDERAL & EUROPEAN UNION E-COMMERCE REGULATIONS), D. INTERNATIONAL & DOMESTIC TRADEMARK LAWS (INFRINGEMENT OF REGISTERED TRADEMARKS), E. COPYRIGHT, F. RIGHT-OF-PUBLICITY (NAME & IMAGE RIGHTS), G. BUSINESS GOODWILL & REPUTATION – AS APPLICABLE AND ALL IN BREACH OF ISP’S / HOST’S PUBLISHED TERMS OF SERVICE & ACCEPTABLE USE POLICY AND ALSO IN BREACH OF THE INFRINGING / VIOLATING WEB-SITE’S PUBLISHED TERMS OF SERVICE & ACCEPTABLE USE POLICY
4. Infringed Individual(s) / Entities : THE ESTATE OF MICHAEL JACKSON®
5. Infringing Materials : A. ILLEGAL PUBLICATION AND DIGITAL DISTRIBUTION OF MATERIALS THAT INFRINGE CONSUMER PROTECTION RIGHTS THROUGH FRAUDULENT AND FALSE ENDORSEMENT OF THIRD PARTY GOODS & SERVICES / PASSING-OFF UNAUTHORIZED THIRD PARTY GOODS & SERVICES AS BEING AUTHORIZED AND OTHERWISE ENDORSED BY THE ESTATE OF MICHAEL JACKSON®, B. ILLEGAL PUBLICATION AND DIGITAL DISTRIBUTION OF MATERIALS THAT INFRINGE THE RIGHTS OWNERS’ TRADEMARKS, C. ILLEGAL PUBLICATION AND DIGITAL DISTRIBUTION OF COPYRIGHT MATERIALS, D. ILLEGAL PUBLICATION AND DIGITAL DISTRIBUTION OF MATERIALS THAT OTHERWISE INFRINGE THE RIGHTS OWNERS’ RIGHT-OF-PUBLICITY, E. ILLEGAL PUBLICATION AND DIGITAL DISTRIBUTION OF MATERIALS THAT INFRINGE THE BUSINESS GOODWILL & REPUTATION OF THE RIGHTS OWNERS – ALL IN BREACH OF ISP’S / HOST’S PUBLISHED TERMS OF SERVICE & ACCEPTABLE USE POLICY AND ALSO IN BREACH OF THE INFRINGING / VIOLATING WEB-SITE’S PUBLISHED TERMS OF SERVICE & ACCEPTABLE USE POLICY (as applicable – PLEASE SEE URL LIST BELOW)
6. Infringing Activity (as applicable) :
A. CONSUMER PROTECTION RIGHTS INFRINGEMENTS (INFRINGEMENT OF INTERNATIONAL & DOMESTIC CONSUMER PROTECTION LEGISLATION AND TREATIES THROUGH DECEPTIVE AND MISLEADING TRADE PRACTICES WHICH ILLEGALLY TRADE-UPON, INFRINGE AND VIOLATE THE INTELLECTUAL PROPERTY OF THE ESTATE OF MICHAEL JACKSON® AND INFRINGEMENT OF INTERNATIONAL & DOMESTIC CONSUMER PROTECTION LEGISLATION AND TREATIES VIA FALSE EXPRESS / IMPLIED ENDORSEMENT OF INFRINGING SITE AND / OR THIRD PARTY GOODS AND SERVICES BEING ADVERTISED ON INFRINGING WEB SITE)
B. TRADEMARK INFRINGEMENT (UNAUTHORIZED EXPLOITATION & DIGITAL DISTRIBUTION OF UNAUTHORIZED PRODUCTS OR SERVICES BEARING REGISTERED TRADEMARKS PLUS FALSE ENDORSEMENT OF THIRD PARTY GOODS & SERVICES THROUGH UNAUTHORIZED EXPLOITATION & DIGITAL DISTRIBUTION OF SUCH GOODS & SERVICES IN DIRECT CONJUNCTION WITH & JUXTAPOSITION WITH UNAUTHORIZED ADVERTISING FOR SUCH THIRD PARTY GOODS & SERVICES)
C. PASSING-OFF OF BUSINESS GOODWILL & REPUTATION INFRINGEMENT (UNAUTHORIZED EXPLOITATION OF BUSINESS GOODWILL & REPUTATION PLUS FALSE ENDORSEMENT OF THIRD PARTY GOODS & SERVICES THROUGH UNAUTHORIZED EXPLOITATION OF BUSINESS GOODWILL & REPUTATION IN DIRECT CONJUNCTION WITH & JUXTAPOSITION WITH UNAUTHORIZED ADVERTISING FOR SUCH THIRD PARTY GOODS & SERVICES)
D. COPYRIGHT INFRINGEMENT (UNAUTHORIZED REPRODUCTION, PUBLISHING, EXPLOITATION & DIGITAL DISTRIBUTION OF COPYRIGHT MATERIALS – SUCH AS TEXT, GRAPHICS, LOGOS AND OTHER IMAGES – PLUS FALSE ENDORSEMENT OF THIRD PARTY GOODS & SERVICES THROUGH UNAUTHORIZED EXPLOITATION & DIGITAL DISTRIBUTION OF COPYRIGHT MATERIALS IN DIRECT CONJUNCTION WITH & JUXTAPOSITION WITH UNAUTHORIZED ADVERTISING FOR SUCH THIRD PARTY GOODS & SERVICES)
E. RIGHT-OF-PUBLICITY INFRINGEMENT (UNAUTHORIZED EXPLOITATION & DIGITAL DISTRIBUTION OF NAME AND / OR LIKENESS PLUS FALSE ENDORSEMENT OF THIRD PARTY GOODS & SERVICES THROUGH UNAUTHORIZED EXPLOITATION & DIGITAL DISTRIBUTION OF NAME AND / OR LIKENESS IN DIRECT CONJUNCTION WITH & JUXTAPOSITION WITH UNAUTHORIZED ADVERTISING FOR SUCH THIRD PARTY GOODS & SERVICES)
F. BREACH OF ISP’S / HOST’S PUBLISHED TERMS OF SERVICE / ACCEPTABLE USE POLICY (BY REASON OF THE ABOVE INFRINGEMENTS & VIOLATIONS)
G. BREACH OF INFRINGING WEB-SITE’S PUBLISHED TERMS OF SERVICE / ACCEPTABLE USE POLICY (BY REASON OF THE ABOVE INFRINGEMENTS & VIOLATIONS)
** TRADEMARK & GENERAL RESERVATION OF RIGHTS ** ALL TRADEMARKS AND OTHER ALLIED RIGHTS OF AN INTELLECTUAL PROPERTY NATURE – WHETHER EXPOUNDED HEREIN OR OTHERWISE – ARE HEREBY STRICTLY RESERVED (AS APPLICABLE).
7. Infringing Web Site : bpictures.info
8. Infringing File Location(s) :
http://bpictures.info/michael-jackson-kids-blanket-boy-girl
9. USDMCA / UKCDPA / EUCD / Notification Request : Please remove Infringing / Violating Materials and Infringing / Violating Activity from the Infringing / Violating File Location(s) on the Infringing / Violating Web-Site ASAP : Thank you.
10. Signature :
John E. Henehan LL.B.
for and on behalf of
WEB SHERIFF® – Creative Protection™
Incorporating Entertainment Law Associates™
London : 20 Eastbourne Terrace, Paddington, London W2 6LG
Affiliated Offices
Palm Springs : 777 E. Tahquitz Canyon Way (Suite 200-161), Palm Springs, CA 92262
New York : 1345 Avenue of the Americas (2nd Floor), New York, NY 10105
Tel : +44(0)203-008-4440 (GB) / +1-760-606-5333 (PS) / +1-212-601-2723 (NY)
websheriff@websheriff.com
Web Sheriff Ltd Co. No. 4093131 Reg’d in England & Wales
Reg’d Office : Aberdeen House, South Road, Haywards Heath, West Sussex RH16 4NG,GB
«I have a good faith belief that use of the copyrighted – and other infringing and violating – materials I will submit via e-mail (as applicable) and allege to be infringing (and, as applicable, violating) are not authorized by the owners of the pertinent rights, their agents, or the law. I swear, under penalty of perjury, that the information I submit in each and every notification I will send shall be accurate and that I shall be, at the time of notification, either the intellectual property rights owner or authorized to act on behalf of the owners of the exclusive rights that are allegedly infringed (and, again as applicable, the rights that are allegedly violated).»
NOTE 1 :
As per the above declaration, the information contained in this notification is accurate and, under penalty of perjury, Web Sheriff® is authorized to act on behalf of the exclusive owners of the rights alleged to have been infringed and otherwise violated in this notification. Both Web Sheriff® and the Rights Owners specified herein have a good faith belief that the infringing party identified above has no right or entitlement to exploit or otherwise impinge upon the Infringed / Violated Rights specified herein.
NOTE 2 :
This notification is issued without prejudice (save as to costs) to the accumulated, worldwide rights and civil, regulatory and criminal remedies of the Rights Owners specified herein and in relation to the infringements and violations specified herein – including, but not limited to, the right to seek injunctive relief, disclosure, damages and costs and the right to pursue regulatory and criminal prosecutions – all of which rights are hereby reserved in full.
NOTE 3 :
The above Infringing / Violating Activity breaches – inter alia – numerous provisions of the relevant internet service provider’s Terms of Service / Acceptable Use Policy. Moreover, the Rights Owners and the Infringed Individuals / Entities have a right to expect the relevant internet service provider to enforce its own, published Terms of Service / Acceptable Use Policy in an expeditious and proactive manner. As such, all accumulated, worldwide rights and civil and regulatory remedies remain reserved in full.
NOTE 4 :
As publisher of the Infringing / Violating Materials, the Infringing / Violating Web-Site is liable to the Rights Owners and the Infringed Individuals / Entities in multiple, international jurisdictions for the multiple infringement of the Rights Owners’ and the Infringed Individuals’ / Entities’ rights. Moreover, the above Infringing / Violating Activity breaches – inter alia – numerous provisions of the Infringing / Violating Web-Site’s published Terms of Service / Acceptable Use Policy and the Rights Owners and the Infringed Individuals / Entities have a right to expect the Infringing / Violating Web-Site to enforce its own, published Terms of Service / Acceptable Use Policy in an expeditious and proactive manner. As such, all accumulated, worldwide rights and civil and regulatory remedies similarly remain reserved in full.
NOTE 5 :
In addition to constituting infringements of intellectual property rights, the above Infringing / Violating Activity may (or may not – as applicable) constitute criminal infractions and / or a violation of international and domestic consumer protection and anti-money-laundering legislation and treaties. As such, all accumulated, worldwide rights and regulatory and criminal remedies remain reserved in full.
© 2022 WEB SHERIFF®
This Notice is the Copyright of WEB SHERIFF®
WEB SHERIFF® – Creative Protection™
Incorporating Entertainment Law Associates™
London : 20 Eastbourne Terrace, Paddington, London W2 6LG
Affiliated Offices
Palm Springs : 777 E. Tahquitz Canyon Way (Suite 200-161), Palm Springs, CA 92262
New York : 1345 Avenue of the Americas (2nd Floor), New York, NY 10105
Tel : +44(0)203-008-4440 (GB) / +1-760-606-5333 (PS) / +1-212-601-2723 (NY)
websheriff@websheriff.com
Web Sheriff Ltd Co. No. 4093131 Reg’d in England & Wales
Reg’d Office : Aberdeen House, South Road, Haywards Heath, West Sussex RH16 4NG,GB
Disclaimer :
This e-mail is the copyright of Web Sheriff®.
The contents of this e-mail are strictly private and confidential, are for the
attention of the addressee(s) only and may also qualify for legal privilege.
