Our web site was offline recently due to a DMCA complaint filed by a company hired by Janet Jackson. As you can see, we were able to explain to our hosting company that Janet’s DMCA request was completely without merit and in response they brought our web site back online.
As a result of this outrage, we intend prosecute Ms. Jackson and her representatives at The Spencer Company within the fullest extent of the law in response to this outrage.
Here’s the letter which forced our hosting company to take our web site off the Internet:
Dear Site Operator and/or Abuse Agent:
This firm is a legally authorized IP rights enforcement agents for recording and performing artist JANET JACKSON.
This notice is with respect to the unlawful use — posted on or as accessible on your site or systems — of the “Janet Jackson” trademark, tradename and/or service mark (the “Mark”), in violation of my client’s rights pursuant to Federal Trademark laws and the Federal Lanham Act, 15 U.S.C. § 1125. The infringing use of my client’s Mark appears at the following locations and/or urls, as accessible on your site and/or hosted on your server/systems:
“Janet Jackson” (the “Mark”) is a federally registered trademark with the U.S. Patent and Trademark Office, entitled to the full protection of federal Trademark laws. In addition, the federal Lanham Act, 15 U.S.C. § 1125(a), protecting Ms. Jackson’s famous name and tradename as an internationally known recording and performing artist and celebrity spokesperson, prohibits a person from using in commerce any term or false designation of origin which “is likely to cause confusion . . . as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services or commercial activities by another person.” Relief available under the law for trademark infringement includes, among other things, actual or statutory damages up to $100,000 per violation, disgorgement of the violator’s profits, injunctive relief, and recovery of costs and attorneys’ fees. After careful evaluation, we consider the above referenced use an unauthorized “use in commerce” and/or “false designation” of origin for trademark infringement purposes.
Based, in part, on the foregoing, demand is hereby made that you immediately discontinue and disable access to any further unauthorized use of the “Janet Jackson” Mark in connection with your (and, as applicable, your hosting customer’s) site, products, services and/or other business activities, including at the locations or uses set forth hereinabove.
Our client takes protection of the Mark very seriously and will take appropriate legal action to protect her rights. This letter does not constitute a complete or exhaustive statement of all of our client’s rights, claims, contentions or legal theories. Nothing stated herein is intended as, nor should it be deemed to constitute, a waiver, release or relinquishment of any of our client’s rights or remedies, whether legal or equitable, all of which are hereby expressly reserved.
Should you wish to discuss this with me please contact me directly.
The Spencer Company
1130 North Lima Street
Burbank, CA 91505
As anyone can plainly see, that photo is of Kathy Ireland — not Janet Jackson. In fact, until this post, the phrase “Janet Jackson” has never appeared on our web site.
It appears that we are not the first to receive a ridiculous, threatening, and illegal DMCA request from Ms. Jackson:
- Automattic Rejects Series Of Bogus Janet Jackson Takedown Attempts By Using Janet Jackson Song Titles
- DMCA Takedown Notice of Janet Jackson’s Wardrobe Malfunction 2004 Photo