Dr Angela Blaen
The Assemblage Point Limited
EX 17 5EP
By Registered Post
11th June, 2008
Our ref:- L.02430.Whale Medical Inc.
Dear Dr Blaen,
Whale Medical Inc.
As you will recall, we have had occasion to write to you and your company on several occasions this year regarding copyright and trade mark infringement as well as in respect of defamatory comments that have been made regarding Dr Jon Whale (on the 12th February) to which we did not receive a reply.
We are concerned that the issues which prompted our writing to you initially are still unresolved – and consequently our client continues to suffer damage. Notwithstanding your denials there have been substantial infringements of copyright in respect of our client’s literary works, photographs and diagrams. Our client originally notified you regarding these infringements and sought to invoice you for the use of their works. Subsequently we sought undertakings from you. Our letter of the 12th February related to instances of defamation that had come to our attention; notwithstanding the seriousness of this action by you, no reply was forthcoming.
Berkshire SL6 3HP
We are now aware that you have recently launched a publication entitled “From Intention To Technology”. Our client has examined this and it is clear that there are not only substantial copyright infringements within it, but the trade mark “ELECTRONIC GEM THERAPY” is used by you in connection with describing (and promoting) products that are manufactured and sold by Medica Health Limited.
Our client’s registered trade mark “ELECTRONIC GEM THERAPY” is used by you on pages 104, 129, 130 (three times), 132 (twice), 134, 138 and 139. We attach a copy of the registration particulars for this trade mark as registered at the United Kingdom Intellectual Property Office. We are concerned that your use of our client’s trade mark in this way might be an infringement of their registered trade mark rights under s.10 of the Trade Marks Act 1994, particularly as we have already notified you or our client’s rights 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.
In view of the fact that we have had cause to write to you before, it is extremely serious that you have shown and continue to show absolutely no regard to our client and their intellectual property rights. You are well aware of our client’s rights, and Whale Medical will take appropriate steps to protect such rights. We are instructed to require you to do the following:
1. Sign the undertakings in the form attached to this letter;
2. Comply with the terms of the undertakings; and
3. Return the signed undertakings to us within 7 days of the date of this letter.
In the event that you do not comply by 4.00pm on the 18th June 2008 and bearing in mind that you are already on notice as regards our client’s rights, we are instructed to issue proceedings against you without further notice.