NGKITs theft of images from Babyboba
Sep 19, 2003, 08:54 PM
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NGKITs theft of images from Babyboba
As most of you know NGKITS stole images of Babyboba's Evo 7 conversion.....well we got together did some research and are prepared to take legal action against them.....here's our letter to them: enjoy 
NGKITS,
I am writing in regards to several images you have displayed on your website, specifically pictures of a Dark Grey/Black Lancer with a "Next Evo VII Front End Conversion 02". I represent Mr. Tony Le-Huynh, the rightful owner of these images which are copyrighted and protected images of Tony Le-Huynh Motorsports LTD. You have wrongfully stolen these images from a domain and labelled them with your logos and insignias.
This is theft of intellectual property and will not be tolerated. Mr. Tony Le-Huynh does not steal images or body kits from your site or warehouse and if you were a professional outfit you would extend this professional courtesy to him. 
You are to remove these pictures immediatly from your website or we will not hesitate to pursue litigation against you and your firm in your home state of California.
I would like to advise you of the remedies and damages should you not comply with this notification: (http://www.copyright.gov/title17/92chap5.html#501) or refer to the following:
Injunctions
(a) Any court having jurisdiction of a civil action arising under this title may, subject to the provisions of section 1498 of title 28, grant temporary and final injunctions on such terms as it may deem reasonable to prevent or restrain infringement of a copyright.
- In otherwords your entire site may be shut down.
Remedies for infringement: Impounding and disposition of infringing articles
(a) At any time while an action under this title is pending, the court may order the impounding, on such terms as it may deem reasonable, of all copies or phonorecords claimed to have been made or used in violation of the copyright owner's exclusive rights, and of all plates, molds, matrices, masters, tapes, film negatives, or other articles by means of which such copies or phonorecords may be reproduced.
(b) As part of a final judgment or decree, the court may order the destruction or other reasonable disposition of all copies or phonorecords found to have been made or used in violation of the copyright owner's exclusive rights, and of all plates, molds, matrices, masters, tapes, film negatives, or other articles by means of which such copies or phonorecords may be reproduced.
- In otherwords forfeiture of any and all thinks applicable to the infringement and destruction of your site.
Remedies for infringement: Damages and profits4
(a) In General. — Except as otherwise provided by this title, an infringer of copyright is liable for either —
(1) the copyright owner's actual damages and any additional profits of the infringer, as provided by subsection (b); or
(2) statutory damages, as provided by subsection (c).
(b) Actual Damages and Profits. — The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages. In establishing the infringer's profits, the copyright owner is required to present proof only of the infringer's gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work.
- Mr. Tony Le-Huynh is entitled to any and all profits that you derived from displaying his protected images.
Consider yourself notified of your blatant theft of protected images. You have 72 hours to reply to this email and remove those images from your site, or we will be forced to pursue legal damages, obtain an injunction on your site, seizure of your domain and claim statutory damages of $2,500 and punitive damages of $30,000.
Yours Truly,
J.F. Truax - J.D.
NGKITS,
I am writing in regards to several images you have displayed on your website, specifically pictures of a Dark Grey/Black Lancer with a "Next Evo VII Front End Conversion 02". I represent Mr. Tony Le-Huynh, the rightful owner of these images which are copyrighted and protected images of Tony Le-Huynh Motorsports LTD. You have wrongfully stolen these images from a domain and labelled them with your logos and insignias.
This is theft of intellectual property and will not be tolerated. Mr. Tony Le-Huynh does not steal images or body kits from your site or warehouse and if you were a professional outfit you would extend this professional courtesy to him. You are to remove these pictures immediatly from your website or we will not hesitate to pursue litigation against you and your firm in your home state of California.
I would like to advise you of the remedies and damages should you not comply with this notification: (http://www.copyright.gov/title17/92chap5.html#501) or refer to the following:
Injunctions
(a) Any court having jurisdiction of a civil action arising under this title may, subject to the provisions of section 1498 of title 28, grant temporary and final injunctions on such terms as it may deem reasonable to prevent or restrain infringement of a copyright.
- In otherwords your entire site may be shut down.
Remedies for infringement: Impounding and disposition of infringing articles
(a) At any time while an action under this title is pending, the court may order the impounding, on such terms as it may deem reasonable, of all copies or phonorecords claimed to have been made or used in violation of the copyright owner's exclusive rights, and of all plates, molds, matrices, masters, tapes, film negatives, or other articles by means of which such copies or phonorecords may be reproduced.
(b) As part of a final judgment or decree, the court may order the destruction or other reasonable disposition of all copies or phonorecords found to have been made or used in violation of the copyright owner's exclusive rights, and of all plates, molds, matrices, masters, tapes, film negatives, or other articles by means of which such copies or phonorecords may be reproduced.
- In otherwords forfeiture of any and all thinks applicable to the infringement and destruction of your site.
Remedies for infringement: Damages and profits4
(a) In General. — Except as otherwise provided by this title, an infringer of copyright is liable for either —
(1) the copyright owner's actual damages and any additional profits of the infringer, as provided by subsection (b); or
(2) statutory damages, as provided by subsection (c).
(b) Actual Damages and Profits. — The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages. In establishing the infringer's profits, the copyright owner is required to present proof only of the infringer's gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work.
- Mr. Tony Le-Huynh is entitled to any and all profits that you derived from displaying his protected images.
Consider yourself notified of your blatant theft of protected images. You have 72 hours to reply to this email and remove those images from your site, or we will be forced to pursue legal damages, obtain an injunction on your site, seizure of your domain and claim statutory damages of $2,500 and punitive damages of $30,000.
Yours Truly,
J.F. Truax - J.D.
Sep 20, 2003, 03:22 AM
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You also better have your letter of copyright to show proof of copyright, If you've just displayed it on a website you haven't actually got "legal" copyright protection to damages. You can still have them stop showing the image but with out filing for copyright of the image you are entitled to no damages..
but it being Cali and with copyright law a VERY large ticket out there you have good ground to stand on for it being brought down.
but it being Cali and with copyright law a VERY large ticket out there you have good ground to stand on for it being brought down.
Sep 20, 2003, 08:57 AM
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hey man, that letter sounds hella cool. i just hope they take it seriously and remove those pics. i only authorized Import Trenz my sponsor to have full permission of these pics.
quick question: if import trenz sells directly to ngkits, would Import trenz have the power to allow ngkits to have use of my pics too??
quick question: if import trenz sells directly to ngkits, would Import trenz have the power to allow ngkits to have use of my pics too??
Sep 20, 2003, 09:07 AM
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Hey,
If there really making the money then i dont think there gonna take the pics down. And if you take it to court its not worth your time or money. Your gonning to have so many court fees and if you win what how much money do you think your gonna take home after your court fees?
If there really making the money then i dont think there gonna take the pics down. And if you take it to court its not worth your time or money. Your gonning to have so many court fees and if you win what how much money do you think your gonna take home after your court fees?
Sep 20, 2003, 05:41 PM
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As the first discover of the stolen pictures, i would say that most likey the person who works for NGKITS.com that stole the pics from you, is a member of evolutionm.net, so s/he will probably see this post, and think you are bluffing, so personally i would just write them a nice letter and ask them to remove the images from their site. Either that or NGkits is Importrenz...
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Sep 20, 2003, 06:02 PM
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Originally posted by babyboba29
quick question: if import trenz sells directly to ngkits, would Import trenz have the power to allow ngkits to have use of my pics too??
quick question: if import trenz sells directly to ngkits, would Import trenz have the power to allow ngkits to have use of my pics too??
Sep 20, 2003, 11:00 PM
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guys, i thought i posted this before...ng kits is import trenz. import trenz is wholesale, and ngkits is the new retail site for the company as they move the old import trenz to almost all wholesale. But as mentioned before, even if they were two seperate companies, if import trenz gives them the permission to use the pictures, they could...
