Recently, a company called Omega Corp. released images and a video of the 2014 Corvette’s nose and rear. Whether it was an accident or not, Omega is pissed off and is looking to take out their anger on someone.
They are doing so by threatening the popular Automotive blog, Jalopnik. Omega’s lawyers have sent out a threatening letter to Jalopnik, telling them to take down the pictures and video of the 2014 Corvette parts or else legal action will be take.
Here is the letter itself:
Content Removal Demand
Matt and Nick:
Omega Tool Corp. (“Omega”) has retained Schafer and Weiner, PLLC (“S&W”) to enforce its rights related to the video and images that were wrongfully and illegally posted to your website (the “Illegal Content”). Through this letter, Omega formally demands that you immediately remove the Images from your website and permanently disable all access to the Illegal Content.
Omega is a corporation that manufactures molds and tools primarily for use in the automotive industry. The molds manufactured by Omega are then used to produce various parts used in the production of vehicles.
The Illegal Content includes a video that was wrongfully and illegally posted to the internet by an unrelated and unauthorized third-party and images from the video. The Images show the mold design and the mold and that Omega manufactured (the “Mold”) to produce a front bumper for a General Motors Company prototype (the “Part”). More specifically, the Images also show what the Mold looks like, how it is used to manufacture the Part, and what the Part looks like. The Images disclose the trade secrets and the intellectual property of both Omega and General Motors Company. Continued access to the Images and their content will cause extensive harm to Omega, potentially resulting in millions of dollars in damages.
Posting the Illegal Content violates the Uniform Trade Secret Act (“UTSA”) by misappropriating Omega’s trade secrets. Specifically, your disclosure of the Illegal Content on your website is illegal because you disclosed the Images without the express or implied consent of Omega and, at the time of disclosure, you knew or had reason to know that your knowledge and/or access to the Images was derived from or through a person who had utilized improper means to acquire it. Simply put, it is well-known in the industry, including automotive publications such as Jalopnik, that the information the Images contain is closely guarded proprietary information, and not consensually available to the public.
The Illegal Content must be immediately removed and all access to the Images must be permanently disabled. If you fail or refuse to remove the Illegal Content, Omega will pursue all available remedies, including but not limited to legal action. If Omega is forced to take legal action, Omega will ask the Court to order you to pay Omega’s attorneys’ fees and punitive damages, in addition to any damages that Omega has suffered.
Contact me at XXX-XXXX-XXX or e-mail me at XXXXXX@schaferandweiner.com as soon as possible to discuss the steps you will take to remove and disable the Illegal Content. I expect to hear from you within twenty-four (24) hours of receiving this demand.
Govern yourself accordingly,
Tracey XXXXXX
Obviously Omega screwed up, and they don’t want the images leaking anymore than they already have, but this is a terrible way to do damage control. Once an image hits the internet, its there for good. The internet is a beast that cannot be tamed, only whipped by lawyers who will eventually have their hands bitten off.
So Jalopnik is doing the right thing and said, “Sounds like a confirmation to us. We’ve respectfully declined given the video is up on YouTube and the images are newsworthy and a matter of public concern.”
I commend Jalopnik and give them a virtual high-five for standing up against these threats. Threatening lawyer letters are never fun to receive but to pretty much ignore them is bad-ass in my book.
Maybe they should have thought twice before they used to unveiled Corvette parts in a video showing off their capabilities. Now the only thing investors know about is their ability to leak sensitive information.
If you would like to see the images and video, please visit this link right here.
