Cease and Desist to Elizabeth Dole Foundation

 May 14, 2019


Via Email Delivery


Mr. Steve Schwab
Chief Executive Officer
The ELIZABETH DOLE FOUNDATION
600 New Hampshire Avenue, NW STE 1020
Washington, DC 20037


Re: Infringement of Copyrights Owned by VETERAN WARRIORS, INC.


To Steve Schwab:

I am the Managing Director for VETERAN WARRIORS, INC., a national veterans’ advocacy organization. It has come to our attention that ELIZABETH DOLE FOUNDATION is responsible for infringement of certain registered and unregistered copyrights that are owned or controlled by VETERAN WARRIORS, INC.


VETERAN WARRIORS, INC. therefore requests that ELIZABETH DOLE FOUNDATION immediately ceases such infringing activity, desists from such infringing activity in the future and complies with VETERAN WARRIORS, INC., other requirements set forth in this letter.


As you are no doubt aware, VETERAN WARRIORS, INC., is the owner of “The Face of the Caregiver” campaign; (to include the name, web content, images and surveys) that was originated by VETERAN WARRIORS, INC., including; “The Caregiver Corner” and the survey relating to our “Face of the Caregiver” campaign. These include the following works:

1. “The Face of the Caregiver”

2. “The Caregiver Corner”

3. “The Face of the Caregiver Survey” – (to include all questions contained in the survey)


VETERAN WARRIORS, INC., has exclusive rights under US copyrights in these works, which are widely published and distributed by VETERAN WARRIORS, INC., and its licensees through the use of social media accounts, press releases, proprietary websites and controlled web pages and are of substantial commercial value to VETERAN WARRIORS, INC. VETERAN WARRIORS, INC., has registered the copyright in the above work with the US Copyright Office.


Your company reproduced, published, provided, distributed, transmitted, and displayed, materials that incorporate substantial portions of VETERAN WARRIORS, INC.’s works, including the following:

1. https://www.facebook.com/…/a.11880594163…/1169342943247756/…

2. https://www.facebook.com/…/a.11880594163…/1180297792152271/…

3. https://www.facebook.com/…/a.11880594163…/1176992235816160/…

4. https://www.facebook.com/…/a.11880594163…/1175138526001531/…

5. https://www.facebook.com/…/a.11880594163…/1175127589335958/…

6. https://www.facebook.com/…/a.11880594163…/1171045246410859/…


There is no question but that these materials are substantially similar to the copyright-protected works of VETERAN WARRIORS, INC., and that ELIZABETH DOLE FOUNDATION had access to VETERAN WARRIORS, INC.’s works.


Furthermore, VETERAN WARRIORS, INC. has reserved all of its rights in its works under copyright and has not authorized ELIZABETH DOLE FOUNDATION to reproduce, publish, provide, distribute, transmit, display, publicly perform or otherwise make any use of such works. Therefore, ELIZABETH DOLE FOUNDATION’s use of these works is a clear infringement of VETERAN WARRIORS, INC.’s copyrights in violation of Sections 106 and 501 of the federal Copyright Act.

Moreover, the extent of identical copying from VETERAN WARRIORS, INC.’s works plainly establishes that the infringement was knowing and intentional. Because VETERAN WARRIORS, INC.’s copyrights were registered prior to your infringing activity, ELIZABETH DOLE FOUNDATION may be liable for statutory damages of up to $30,000/$150,000 for each work that it has willfully infringed, in addition to attorneys’ fees and other costs incurred by VETERAN WARRIORS, INC. to enforce its rights.


VETERAN WARRIORS, INC. treats copyright infringement as a very serious matter and fully enforces its rights against infringers. However, under the circumstances, VETERAN WARRIORS, INC. is prepared to try to resolve this matter amicably provided that ELIZABETH DOLE FOUNDATION cooperates fully with VETERAN WARRIORS, INC. and establishes to its satisfaction that this was a one-time error of judgment and not a systematic effort to profit from VETERAN WARRIORS, INC.’s intellectual property.


We therefore request that ELIZABETH DOLE FOUNDATION:


1. Immediately cease and desist from all further production, reproduction, publishing, provision, distribution, transmission, display, performance, advertising, licensing, and sale of materials that infringe VETERAN WARRIORS, INC.’s works.


2. Destroy all such materials in its inventory or otherwise in its possession or control, including all copies in electronic or printed form.


3. Provide VETERAN WARRIORS, INC. with a full accounting of all copies sold, licensed, or otherwise distributed and all proceeds therefrom.


ELIZABETH DOLE FOUNDATION is specifically advised that any failure or delay in complying with these demands will likely compound the damages for which ELIZABETH DOLE FOUNDATION may be liable.


We ask that ELIZABETH DOLE FOUNDATION, or its counsel promptly provide VETERAN WARRIORS, INC. with written confirmation that ELIZABETH DOLE FOUNDATION will comply with these demands. If we do not receive a satisfactory response by the close of business on May 17, 2019, VETERAN WARRIORS, INC. is prepared to take all steps necessary to protect its valuable intellectual property rights, without further notice to ELIZABETH DOLE FOUNDATION.


The above is not an exhaustive statement of all the relevant facts and law, and VETERAN WARRIORS, INC. expressly reserves all of its equitable and legal rights and remedies, including the right to seek injunctive relief and recover monetary damages.



Respectfully,

Lauren Price, USN, (Ret.), B.A.C.J.
Founder / Managing Director
VETERAN WARRIORS, INC.
P: 727.247.8141
F: 727.255.5085
E: contact@veteranwarriorsadvocacy.com