The phrase "Congenital Diaphragmatic Hernia Awareness" and the
turquoise color of the ribbon chosen as representation of
Congenital Diaphragmatic Hernia Awareness were introduced to the public
on or about September 19, 2007. The phrase is trademarked
by Breath of Hope, as is evident by the TM appearing after Congenital
Diaphragmatic Hernia AwarenessTM. The trademark phrase
currently appears on the Breath of Hope blog at
www.breath-of-hope.blogspot.com and www.breathofhopeinc.com
March 31, 2008 has been proclaimed by eight Governors as Congenital
Diaphragmatic Hernia Awareness day. Breath of Hope, Inc. is
acknowledged in each Proclamation as the creator of the campaign.
Ms. Torrence's use of the phrase "Congenital Diaphragmatic Hernia
Awareness" creates confusion as to whether or not the Awareness
campaign is a Breath of Hope campaign or a campaign of of her
organization.
II. COPYRIGHT INFRINGEMENT
Your client has misappropriated or plagiarized the following:
1. In 1999 I had a conversation with Ms. Torrence regarding the
fact that my obstetrician did not know how to read a sonogram. I
had just prosecuted my own medical malpractice claim and discovered
that there was no requirement to mandate sonographers. Anyone
can purchase an ultrasound machine and perform their own
sonograms. I told Ms. Torrence that I was seeking to introduce a
bill to
change that. Soon thereafter, an online petition for sonography
appeared on Ms. Torrence's website.
2. On November 15, 2006, I sent the following email to
Elizabeth Doyle-Propst "I have an idea for, not so much a logo, but as
a
masthead . What if we take the photos of all of the cdh children
and blend them into a logo-type thing and call it something like
the "Faces of CDH" or "Faces of BOH". I think if you humanize it,
it will be more impactual (is that even a word?) I can make
the masthead. Every other organization uses pictures of people with the
ailment. . . . I think it hits home more.
In December, 2006, Ms. Torrence put up her masthead using the “faces of
children with CDH”.
3. It has been brought to our attention that Ms. Torrence began
using Cystic Fibrosis/Spina Bifida statistics which were first
used in the Breath of Hope business plan and subsequently posted on the
Breath of Hope blog on March 24, 2007 at www.breath-of-
hope.blogspot.com. Prior to this, the cystic fibrosis and spina
bifida had not been used in conjunction with congenital
diaphragmatic hernia statistics.
4. In May, 2007, we drafted a video advertisement for Breath of
Hope. In that ad, the phrase "Unless you have been affected,
chances are you have not heard of a congenital diaphragmatic hernia"
was used. Ms. Torrence now uses the phrase on her website.
5. Not once during the 12 years that I have known of Ms. Torrence
has she used the term "CDH Awareness". Breath of Hope came up
with Congenital Diaphragmatic Hernia Awareness. CDH Awareness was
being used by another organization run by Ms. Jana Lewallen.
Ms. Torrence started using the term "CDH Awareness" on her website in
or September, 2007. On October 21, 2007 Ms. Torrence
posted an “Awareness Ribbon” with the words “Congenital Diaphragmatic
Hernia Awareness” complete with her logo on the tail of the
ribbon, not unlike our Awareness Ribbon which has the Breath of Hope
logo on the tail. A design I created.
The use of Breath of Hope's material without the express authorization
has caused and continues to cause substantial and
irreparable injury and is in direct violation of Breath of Hope's
rights, including, without limitation, those under the United
States Copyright and Trademark Acts. Accordingly, all references
mentioned above should be removed by your client immediately.
The information contained in this notice is accurate under the penalty
of perjury.
Your immediate attention to this matter is very much appreciated.
Please have your client remove the material outlined above on
or before October 31, 2007 so this matter can be resolved without
unnecessary, additional legal expense.
Stacy Everett Harding
Vice President
Breath of Hope, Inc.
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From: "Shane" <shane@shaneperry.com>
To: "'Dawn Torrence'" <dawn@sunsetwebdesign.com>
Subject: FW: Cherubs/Dawn Torrence - Notice of Willful
Trademark/Copyright Infringement
Date: Tue, 23 Oct 2007 11:33:38 -0400
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