Dr Tom Blaen
EX 17 2AQ
15th January, 2009
Your ref:- L.02639.Blaen.MAA
Dear Dr Blaen,
Whale Medical Inc. & Mr. Jon Whale
We are once again instructed to write to you regarding our clients Whale Medical Inc and Mr Jon Whale. Our previous correspondence has addressed a number of highly regrettable matters, in particular the infringement of our respective clients’ intellectual property rights by Dr Angela Blaen and your company. Details of these are set out, together with attachments, in our letter to you of the 17th October, 2008. The issue of compensation for such infringement is still to be addressed, and my clients require a resolution to this matter.
As our letter of the 17th October 2008 quite clearly disclosed, the Assemblage Point Centre has infringed our clients’ rights in the most flagrant manner over a considerable period of time, reproducing not only text, but drawings and photographs. During the course of correspondence, you (as a director of the Assemblage Point Centre) have consistently and clearly stated both explicitly and implicitly that no such infringement had taken place, citing in your defence a letter, allegedly written by Findhorn Press that Dr Angela Blaen had received permission from Findhorn to reproduce such rights and to exploit them for her own purposes.
We attach a letter dated the 16th October 1999 written by Dr Angela Blaen to Mr Whale regarding his book “The Frequency of Health”. This was written whilst Dr Blaen held the post of a Fellow of Exeter University. “The Frequency of Health” was subsequently re-published as
Berkshire SL6 3HP
the “Catalyst of Power” by Findhorn Press. It is clear from this letter that Dr Blaen implicitly acknowledges that the work upon which she was subsequently engaged as a copy editor, was already in existence at that time and was quite clearly authored by Mr Whale.
Assertions that you have made regarding ownership of intellectual property rights were without any basis in fact and you were clearly at the very least reckless in making such statements. Again, contrary to express statements otherwise, no permission to use any part of the works for a commercial purpose was ever granted. Such permission even if it had been granted (which it was not), did not cover later copyright materials created by my clients that were subsequently used in the course of the Assemblage Point Centres commercial activities. Even had such permission been granted, it would have been personal to Dr Angela Blaen and would not have permitted the use of such materials by either you or your company.
in this regard and as you are using this mark in connection with the Theragem product which is manufactured by Medica Health Limited. The following are clear examples where our client’s copyright in ‘The Catalyst of Power – The Assemblage Point of Man, Naked Spirit – The Supernatural Odyssey’ has been infringed by you in respect of the publication “From Intention To Technology”. Your publication clearly states that you are the owner of the copyright in such works which is incorrect. The publication carries no acknowledgement of our client’s trade mark or copyright. As regards copyright, your activities constitute copyright infringement under sections, 16, 17 and 18 of the Copyright Designs and Patents Act 1988.
Our clients have the right to take action for copyright and trade mark infringement; Mr Whale also has the moral right to be correctly identified as the author of work that he has created. In respect of an action for infringement of our clients’ intellectual property rights we shall add the responsible officers of the Assemblage Point Centre Limited as individual defendants for having authorised the commission of these infringements, and shall seek damages from those individuals.
Hitherto, in the absence of any of the undertakings that have been requested being provided, and being aware that considerable damage has been caused to their respective reputations by you and your company’s actions and statements, my clients intends to make known to third parties full details of this episode with your company and the role that you have played. We recall that you have already threatened in previous correspondence that you would be prepared to take action for defamation. In the circumstances my clients have instructed me to indicate to you quite clearly that you are invited to take such action. My clients specifically reserve all their rights.