Here We Go Again! (More on Phenocal, Synetgy LLC & Craig Schwartz)
Well, looks like Craig Schwartz from Golden State Media, legal eagle and representative of Synetgy LLC (makers of Phenocal) is back at it again. If you’re not up to speed on the story, Craig and the good folks over at Synetgy LLC don’t like our review of their Phenocal product, and are doing their best to suppress it, by threatening us with bogus lawsuits.
Anyhow, on Wednesday, December 4th, Craig was back to threatening us again. Here’s the note the sent to me, our web host (kudos once again to Quinn and the folks at Qwk web hosting for standing by us through all of this) and to our old registrar…
To whom it may concern
My name is Craig Schwartz and I am duly authorized to act on behalf of Synetgy LLC, DBA who owns the “Phenocal” trademark.
The type & way http://www.ultimatefatburner.com/phenocal-fat-burner-review.html has followed to represent information regarding Phenocal is not good. It is affecting the brand value of Phenocal and misleading visitors.
On the page http://www.ultimatefatburner.com/phenocal-fat-burner-review.html the website is directly promoting affiliate products
The website is trying to use the online brand value of Phenocal to sell their affiliate product which is not a good practice.
This letter is official notification under Section 512(c) of the Digital Millennium Copyright Act (”DMCA”), and I seek the removal of the aforementioned infringing material from your servers. I request that you immediately notify the infringer of this notice and inform them of their duty to remove the infringing material immediately, and notify them to cease any further posting of infringing material to your server in the future.
Please also be advised that law requires you, as a service provider, to remove or disable access to the infringing materials upon receiving this notice. Under US law a service provider, such as yourself, enjoys immunity from a copyright lawsuit provided that you act with deliberate speed to investigate and rectify ongoing copyright infringement. If service providers do not investigate and remove or disable the infringing material this immunity is lost. Therefore, in order for you to remain immune from a copyright infringement action you will need to investigate and ultimately remove or otherwise disable the infringing material from your servers with all due speed should the direct infringer, your client, not comply immediately.
I am providing this notice in good faith and with the reasonable belief that rights my company owns are being infringed. Under penalty of perjury I certify that the information contained in the notification is both true and accurate, and I have the authority to act on behalf of the owner of the copyright(s) involved.
This is final email for reporting complaint if the spam is again repeated then be prepared for legal action which will be taken against the spammer and supporters of spammer.
Golden Street Media
50 Tice Boulevard
Phone: +1. 661.748.0240
Unfortunately, at this point, it looks like Craig and the good folks over at Synetgy LLC aren’t ever going to “get it” and stop pestering us.
So this week, I have connected with our legal representation. Yes, I am handing this over to our lawyer now.
More details to come as warranted.