no papa n'est pas?

I just got this email from some yahoo at Cafepress.com which says the joker who owns the rights to Hemingway’s image says something on my Cafepress site is infringing on his Intellectual Property Rights. Newsflash for both Ms Estes and Mr Stickle . . . . . . there is no image of Hemingway on my Cafepress.com site Check it out –cafepress/bibliobullpen SEE? nothing but public domain stuff, clip art and original designs. The closest thing to Hemingway I have on my site is a public domain image of Walt Whitman – they are both dead white americans with beards and typewriters, I can see how you could make that mistake. And the bright idea of sending this accusatory email to countless innocent Cafepress subscribers AFTER business hours on Friday evening, and hoping that by Monday this affront would no longer be fresh in our minds, is completely juvenile. It’s your asinine trick you should stick around for the repercussions.
So please Ms Estes and Mr Stickle feel free to KISS MY ASS.

Dear Shopkeeper,

Thank you for using CafePress.com!

In accordance with our Intellectual Property Rights Policy, David Stickles on behalf of Hemingway Limited provided us with a notice stating that your use of Ernest Hemingway, including his name and likeness, infringes upon their intellectual property rights (copyright/trademark/right of publicity). Please click here for more information about intellectual property.

Accordingly, we have set the content that is alleged to infringe the rights of the third party to “pending status” which disables said content from being displayed in your shop or purchased by the public. You may review the content set to pending status by logging into your CafePress.com account and clicking on the “Media Basket” link. The content set to pending status will be highlighted red.

If you believe that you hold the rights to the content alleged to infringe the rights of the third party, we encourage you to contact the alleged rights holder directly for a resolution to this matter. Below please find the contact information for the party alleging infringement.

David Stickles
Fashion Licensing of America, Inc.
Hemingway Ltd.
305 Madison Ave. Suite 3520
New York, NY 10165
212 338-0881
dstickles@fashionlicensing.com

We apologize for any inconvenience that our actions may cause you. Please let us know if we can be of further assistance.

Sincerely,

Lindsay Estes
Content Usage Associate
(650) 655-3047 (O)
(650) 240-0260 (F)
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Disclaimer: The information contained in this email is provided solely for informational purposes and does not constitute legal advice. CafePress.com is not a law firm and is not a substitute for an attorney. If you require legal advice, please consult an attorney who is authorized to practice law in your jurisdiction.

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