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Messages - Karma

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1
Has anyone seen this article from Fast Company? It says clients pay to use Higbee's "proven" letter templates, and they then pay Higbee 50% of all settlements.

https://www.fastcompany.com/40494777/here-come-the-copyright-robots-for-hire-with-lawyers-in-tow

3
Matt, thanks for the clear answer and the useful toolbox of things we can do. Love the idea that we can use them surgically and strategically.

I received the 5th email from Higbee today. This time they gave "Cheryl Supek" an email address instead of the generic claims - are they monitoring these forums? If so, I'm overjoyed they are taking my observations to heart. {Hi Higbee Swampsuckers! :-*} They seem to be reading the forum fairly closely, because this time they also attached the initial letter they claimed they sent via mail but was never received, and they also provided the image number which they had never done. Sloppy work Swampsuckers! This email came from Cheryl at csupek@higbeeassociates.com

Hello,

My name is Cheryl Supek,I am a Claim Resolution Specialist at the Law Firm of Higbee & Associates. My job is to help resolve copyright claims without them having to go to court.  I will be calling you soon to talk this claim and the letter that we mailed to you.  I have attached a copy of our initial demand letter for your review.

I am not one of the attorneys. I have about 14 days to try and resolve this claim before the claim gets escalated to the attorneys.  The claim gets more stressful and expensive when it gets moved to the attorneys— my goal is to not let that happen to you.

Here are a couple of things that can help solve this potential problem:

First, if you have a license for the image that was purchased prior to the image being used, please let me know and provide it to me via email.

Second, most business liability insurance policies cover this type of claim. Please contact your insurance provider and ask if they will cover this claim.

If you did not have a license or proper business insurance, we can talk about how to come to a reasonable resolution.  I will call you soon.

In the meantime, feel free to email me or call me on my direct line at 714-597-8996.






https://resolve.picrights.com/Templates/PreviewPdf?caseId=[REDACTED]&fileName=SOAStockFood%20SOA.pdf

https://resolve.picrights.com/Templates/PreviewPdf?caseId=[REDACTED]&fileName=RHFSigned.Stockfood.US



Page URL: [REDACTED]
Image URL: [REDACTED]



Our client is highly motivated to resolve this matter outside of litigation and willing to settle on this case with contingence on payment being made. Please be advise that this demands and warrants your immediate attention concerning this legal matter and resolving this within a timely manner will be suitable to avoid future penalties involved. Please let me know how you want to proceed.

Best Regards,



Cheryl Supek
Claims Resolution Specialist
Copyright Division

csupek@higbeeassociates.com
Law Offices of Higbee & Associates ( http://www.HigbeeAssociates.com )
1504 Brookhollow Dr. Suite 112, Santa Ana, CA. 92705
DIRECT PHONE: (714) 597-8996
Phone: (800) 716-1245 - Fax: (714) 597-6559







CONFIDENTIALITY NOTICE:
The contents of this email message and any attachments are intended solely for the addressee(s) and may contain confidential and/or privileged information and may be legally protected from disclosure. If you are not the intended recipient of this message or their agent, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and any attachments. If you are not the intended recipient, you are hereby notified that any use, dissemination, copying, or storage of this message or its attachments is strictly prohibited.


4
Higbee Associates Letter & Lawsuits Forum / Re: Higbee followup
« on: June 06, 2018, 01:01:27 AM »
This thread has been really helpful and helped inform my own response {do nothing} https://www.extortionletterinfo.com/forum/higbee-letter-lawsuits-forum/higbee-emails-for-supposed-stockfood-america-image/

I'm happy to file complaints as well!

5
Thanks @clist! Though the funny thing is that isn't our correct business name - they couldn't even bother to find our business name on our home page LOL

6
Hi all - as a newbie, I want to thank Matthew and all for this forum. I recently received emails from the Higbee operation that are exactly like the ones that everyone else received, in the same order. I was wigged out enough at first to find this site, but now I feel totally comfortable ignoring them. I'll set up a folder to store them in as suggested, and continue on with life. Here are the sordid details:

Background: I have a tiny food business, which ceased operations in February.  I am dissolving that LLC - needless to say, all the assets have been sold and there is no money in the business.

  • In February 2018 I received a physical letter at my soon-to-be defunct shop from a law firm for Stockfood America about a blog post that was posted in September 2015 and contained an image of some mushrooms. I immediately removed the photo but didn't realize it was on my server. The letter was ignored and was returned to sender stating "business closed."
  • The firm couldn't be bothered to search for the actual LLC's name - they sent it to the title of the web site instead of the actual company
  • I received the following email from "Copyright Claims claim@higbeeassociates.com" on 5/30/18 for a claim of $1500. There is no registration number for the image on the email or in their "portal" which I logged into.  I also never received the physical copy of the letter they reference, though that may be difficult as the store was closed in February.
    Dear Sir or Madam :

    This email is a follow up to the letter dated May 23, 2018 that our law firm sent to you via US Mail.  If you have not received it, please let me now.    If you have an attorney assisting you with this matter, please forward this communication to him or her.   If you do not have an attorney representing you, you may wish to hire one. You may also with to provide a copy of this email to your business insurance carrier.
    Copyright images owned by my client were discovered on the [REDACTED] website(s) as the exhibits attached to the letter show.  If you have a license for the images, please provide me information and accept my apology for the intrusion.

     

    If [REDACTED]  does not have a license, our client is willing to settle this matter out of court in a fair and efficient manner.   If forced to go to court, my client will ask for the maximum relief possible, which may include statutory damages under 17 U.S.C. §504 for up to $150,000 for intentional infringement or $30,000 for unintentional infringement.  My client would also ask the court to have [REDACTED]  pay court costs and attorneys fees.

     To resolve this matter efficiently and amicably, please follow these steps:

    (1) Immediately after receipt of this email, remove all occurrences of the image from your website(s), cease using it in any way, and confirm in writing that you have done so.

    (2) Immediately after receipt of this email, return to our firm the attached Release License, along with your payment in the form of a valid cashier’s check or money order for $1500 payable to ''Higbee & Associates Client Trust Account''.  This can be returned to us via US Mail. You can also pay online at https://copyright.higbeeassociates.com/resolution. If you choose to make your payment online, you can return the Release License via email to claims@higbeeassociates.com. The email must include the case number 512343 in the subject line.

    A copy of the letter plus all of the exhibits and evidence in this case can be obtained at the online resolution portal.

    Your login info is shown below:

    Website: https://copyright.higbeeassociates.com/resolution

    Username: [REDACTED]

    Password: [REDACTED]

    You can also all us at (800) 716-1245.  We will be glad to talk with you about this issue.

    Learn more about Higbee & Associates at the following sites:

    • A+ Rated With the Better Business Bureau - http://www.bbb.org/sdoc/business-reviews/attorneys-and-lawyers/higbee-associates-in-santa-ana-ca-100071532/

    • California Corporation ID C2972583



    Best Regards,

    Mathew K. Higbee
    Attorney at Law

    Law Firm of Higbee & Associates  (http://www.higbeeassociates.com)
    1504 Brookhollow Dr., Suite 112, Santa Ana, CA 92705
    Phone: (800) 716-1245
  • Then on 6/1/18 I received the following from "Copyright Claims claim@higbeeassociates.com" (there is a bug in the software so it actually says copyright_holder_first_name instead of the name of the company):
    This is a follow-up to the letter and email that we sent you regarding the unauthorized use of copyrighted materials owned by our client, copyright_holder_first_name}{copyright_holder_last_name}{copyright_holder_suffix}, {copyright_holder_company_title}, {copyright_holder_company_name}  We want to work with you to resolve this in an efficient and fair manner.

    Our client's livelihood depends on people properly licensing images.  Allowing people to use work without a license threatens his livelihood. Our client would prefer to resolve this issue without forcing you to incur additional costs associated with hiring a lawyer and defending a lawsuit.

    Please call us or go to our secure online resolution center and either make a payment or let us know why you believe you do not owe money for using our client’s work.



    Website: https://copyright.higbeeassociates.com/resolution

    Username: [REDACTED]

    Password: [REDACTED]



    Sincerely,

    Mathew K. Higbee
    Attorney at Law



    Law Firm of Higbee & Associates  (http://www.higbeeassociates.com)
    1504 Brookhollow Dr., Suite 112, Santa Ana, CA 92705
    Phone: (800) 716-1245

    Higbee & Associates is a national law with an A+ rating with the Better Business Bureau (click here to verify ). Our lead attorney, Mathew Higbee, has been licensed to practice law since 2006 (click here to verify ). We have 21 offices across the country. Our headquarters is in Santa Ana, California (click here to verify with the California Secretary of State. Select Corporation and search “Higbee & Associates").
  • On 6/4/18 I received this email from "Cheryl Supek" with the same email address claims@higbeeassociates.com
    My name is Cheryl.  I am a Claim Resolution Specialist at the Law Firm of Higbee & Associates.   My job is to help resolve copyright claims without them having to go to court.  I will be calling you soon to talk about a letter the law firm sent you involving a potential copyright claim by StockFood America, Inc.   If you have not received it, I can provide you an electronic copy.



    I am not one of the attorneys.  I have about 14 days to try and resolve this claim before the claim gets escalated to the attorneys.  The claim gets more stressful and expensive when it gets moved to the attorneys— my goals is to not let that happen to you.


    Here are a couple of things that can help solve this potential problem:


    First, if you have a license for the image that was purchased prior to the image being used, please let me know and provide it to me via email.


    Second, most business liability insurance policies covers this type of claim.  Please contact your insurance provider.  If they say they do not cover this type of claim, I will be glad to have one of our attorneys review your policy to see if they are wrongfully denying you coverage.  It is in both of our interests to make sure your insurance provider is not denying you coverage that you paid for.


    If you did not have a license or proper business insurance, we can talk about how to come to a reasonable resolution.  I will call you soon.


    In the meantime, feel free to email me or call me on my direct line at (714) 597-8996.


    Thank you,


    Cheryl Supek
    Claims Resolution Specialist

Since reading this forum today, I looked up the number of unique users that have viewed the post.  13 unique users from the date of posting in September 2015 through yesterday, June 4, 2018. I could not find the image on usa.stockfood.com, but I did take screenshots of what similar pictures of mushrooms would cost. $29 for a digital image.

Thank you for being here, I feel comfortable ignoring Higbee at this point.

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