This is how I got punk'd today
A guy says our product (PageLever) infringes on a copyright owned by his client:
My questions at the end of the letter.
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Dear Jeff Widman,
I represent [redacted]. It has come to my attention that you have made an unauthorized claim of the business name Page Lever, which will from hereon be referred to as the the Name. I am personally contacting you directly so as to best be able to address this issue at a personal level to try to avoid future legal implications that none of the parties herein named would prefer.
My Client has reserved all rights for the Name, first published on April 3, 2009. I have in my possession the registered copyright documentation for the Name.
Your Name and Website, http://www.PageLever.com is identical to the Name and clearly used the Name as its basis.
As you failed to receive permission to use the Name from my Client, [Redacted], and you did not receive permission to make or distribute copies, including electronic copies, you have infringed my client's rights under 17 U.S.C. Section 101 et seq. and could be liable for statutory damages as high as $150,000 as set forth in Section 504(c)(2).
I demand that you immediately cease the use and distribution of http://www.PageLever.com and all other uses of the Name, which was derived from the Name, and all copies, including electronic copies. All unused and undistributed copies, including electronic copies, if applicable, are to be turned over to my Client's ownership, or to be destroyed immediately. You are to desist from reproducing Page Lever or http://www.PageLever.com or any other infringement of my rights in the future.
If I have not received an affirmative response from you by April 14, 2011 indicating that you have fully complied with these requirements, I, on behalf of my Client, will be forced to take further action against you that will include, but will not be limited to: seeking a copyright infringement lawyer, reporting this to any ad programs you may have on electronic copies, and seeking proper copyright infringement litigation for any damages caused by this reproduction.
Sincerely,
Alan J. Shore
Alan J. Shore Shore and Associates Florida State Bar No. 1-2345 111 South Street or P.O. Box 111 Miami, FL 82001 [redacted]@gmail.com
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1) This letter appears fake, perhaps someone trying to extort money from us. How do I determine whether it's real?
2) Should this turn out not to be fake, the consequences range from annoying to serious. How do I prove that we have a legitimate claim to the names "PageLever" and "Page Lever"?
3) Even if this turns out to be a fake, I want to remove any risk of this happening in the future--should I file a copyright in our state of incorporation, or a trademark with the USPTO, or what?
Background: I registered the domain in October 2009, barely more than 6 months after he claimed to file the copyright document.
We've been publicly using the name for various Facebook tools since July 2010. At the time I registered the domain, Google turned up pretty much nothing for the word "PageLever", and I couldn't find anything in Google to show this guy has been actively using the name.
It definitely smells fake--I think it should be a "trademark infringement" not a "copyright document", there's no phone number, it uses a gmail account, the office isn't listed on Google Maps, he isn't listed in the Florida Bar, (plus what are the odds his member number would be 1-2345?)
Aside from whether or not it's real, it's actually a fairly humorous letter.