Trunk Archive - Three demand letters plus "Confirmation of Rights". What now?

[localleads]

As a web developer we have had a number of demands from Getty, OTTO and Trunk Archive. I used Oscar for one of the first cases and then replied to subsequent demands using his letter as a template.

On most of them we have just not heard anything back, however on this one case they have been persistent and I am including the letters and emails in case in may help others in the same situation.  It will at least give you an idea of the process. This has all happened in the last month so they have been pretty aggressive on this one.

Any advice or input is appreciated although I am thinking I am going to have to get Oscar in on this one.

Here are links to the various documents (documents redacted to protect my client):

• 3 letters of demand sent directly to client. 6/01/15, 6/17/15,7/1/15

http://ofp.me/files/TrunkArchive1r.pdf
http://ofp.me/files/TrunkArchive2r.pdf
http://ofp.me/files/TrunkArchive3r.pdf

• My response letter to the first demand. 6/15/15

http://ofp.me/files/Response Trunk Archive.pdf

• Email response to my response letter 7/2/15

http://ofp.me/files/Trunk Archive email1.txt

• Attachment to email which is a general letter stating Trunk has mandated LCS/PicScout to handle copyright compliance 7/2/15

http://ofp.me/files/Trunk - POA.pdf

• Rights holder form 7/8/15

http://ofp.me/files/Signed_RHF_Case_xxx.pdf
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I apologize in advance that I will probably take these links down at some point. I could not find any way to upload documents to this forum.

Thanks.

[Jerry Witt (mcfilms)]

Is this an image of a superhero in yellow and blue holding a needle? If so, I wouldn't waste time on it.

However if things ever did escalate, you could point out that the image clearly uses a recognizable character, namely Wolverine from the X-men. Point them to this artwork:
http://cdn.movieweb.com/img.news/NEf8gSeCamCFij_1_1.jpg
Ask them if they have cleared the use of Wolverine's trademarked image with Disney. In fact, since Disney is notoriously protective of their intellectual property, they may be interested to hear someone is using one of their characters to shake down web developers.

[Robert Krausankas (BuddhaPi)]

FYI..the "signed -RHF only gives them the ability to case you round and round, it does not give them the power to file suit, the owner of the copyright would need to do that..in federal court..in your state...

[Robert Krausankas (BuddhaPi)]

seem Samantha Clemens is your typical "clerk" the below thread has her sending letters from a different stock company...she works for picscout, who attempts to collect on allegded infringements...might do a bit more digging on my new friend Samantha Clemens.

http://www.warriorforum.com/main-internet-marketing-discussion-forum/1059477-image-copyright-takedown-issue-unauthorized-image-use.html

and this:

http://salomafurlong.com/aboutamish/2015/06/bloggers-beware/