TESSER & RUTTENBERG
*****
Los Angeles, California 90025
TEL: (***) ***-****
FAX: (***) ***-****
Writer's Direct Dial
(***) ***-****
May 1, 2003
VIA EMAIL (
[email protected])
David Tseng
*****
Santa Monica, California 90404
RE:
www.morrissey-solo.com
Dear Mr. Tseng:
This firm represents Steven Morrissey p/k/a "Morrissey." Our client has become aware
that you run a website located at
www.morrissey-solo.com which currently displays a
thread of user postings regarding our client's confidential business affairs (and
specifically the payment of monies to his band and crew) that contains numerous
falsehoods, unfounded rumors and outright lies. These postings and the content contained
therein are defamatory, libelous and actionable.
Your accommodation of and specific allowance for the continued transmission of such
material is not only in violation of Federal, State and local regulations, but a
violation and infringement of our client's rights, and may subject you to criminal as
well as civil liability.
In light of the foregoing, we demand that you immediately remove the posting thread that
contains all such defamatory content. We further demand that you immediately provide us
with written assurance that you will comply with this request and will continue to
monitor and remove any and all additional postings or content that contains similar or
other defamatory statements. Should you fail to comply with the foregoing by 11:00 PM
today (May 1, 2003), be advised that our client is prepared to hold you personally liable
for such actions and will seek to have your entire website completely shut down.
We have not set forth each and every claim our client may have, and we expressly reserve
on his behalf all rights, privileges and remedies with respect to these matters. We
emphasize that our client views this as a matter of the utmost gravity and is prepared to
take all steps necessary and appropriate to protect his rights. Failure to remove such
content will be deemed a willful infringement of our client's rights and will leave our
client no other choice but to enforce his rights through litigation. Given the
seriousness of this matter, we look forward to your prompt response and cooperation.
Sincerely,
TESSER & RUTTENBERG
By: /s/ Jason J. Liberman
Jason J. Liberman
JJL/ws
Cc: Steven Morrissey