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Mark E.

Avsec
Writer’s Direct Dial: (216) 363-4151
Writer’s Email: mavsec@bfca.com

April 7, 2010

VIA CERTIFIED MAIL AND E-MAIL


(pjspain@newser.com)

Newser, LLC
Attention: Mr. Patrick Spain, Chairman and
CEO
65 East Wacker Place, Suite 2400
Chicago, Illinois 60601

Dear Mr. Spain:


We are intellectual property litigation counsel for The Wrap News, Inc. (“The Wrap”).
We are writing in response to your March 31, 2010 e-mail reply to The Wrap’s Chief Operating
Officer, Kevin Davis (As you know, Mr. Davis had written a March 30, 2010 e-mail letter to
Caroline Miller (the “Davis E-Mail”)).
We demand that Newser, LLC (“Newser”), and any agent or affiliate of Newser,
immediately cease and desist using The Wrap as a source for Newser content. Newser is not
following industry best practices, is intentionally misleading consumers/users at the expense of
The Wrap and at the expense of other unnamed sources, and has effectually demonstrated no
intention to allow consumers/users to logically and easily ascertain the source of Newser articles.
Newser’s conduct violates The Wrap’s rights because: (1) The Wrap generates and
gathers time-sensitive information at a cost, including, without limitation, original stories
ferreted out and reported by The Wrap’s full-time employees and paid contributors; (2) Newser
free-rides on The Wrap’s sweat of the brow by publishing summaries of these stories without
affording The Wrap appropriate credit and a prominent link; and (3) Newser is in direct
competition with The Wrap. Thus, Newser’s conduct, in addition to amounting to garden variety
plagiarism, constitutes unfair competition and violates certain deceptive trade practices statutes.
I refer you to the Davis E-Mail for appropriate ways to credit The Wrap when summarizing, i.e.,
re-writing, The Wrap’s stories.
Further, The Wrap will begin registering copyrights in its original content with the
Copyright Office on a going forward basis. Your staff should think twice about re-writing The
Wrap’s stories in the future. While underlying facts are not protectable, The Wrap’s original
expression of those facts is protectable. If your people cross that line in the future by
appropriating The Wrap’s copyright-protected expression, The Wrap will not hesitate to bring an
action against Newser for copyright infringement. In such an action, The Wrap would seek, in
its discretion, actual or statutory damages as well as attorneys’ fees recompense.
The Wrap values its intellectual property rights and will not hesitate to litigate to enforce
these rights. Nothing contained in or omitted from this letter will be deemed to be an admission
Newser, LLC
Attention: Mr. Patrick Spain, Chairman and CEO
Page 2

of any fact or a waiver of any rights or remedies with respect to the subject of this letter, all of
which rights and remedies are expressly reserved.

Sincerely,

BENESCH, FRIEDLANDER, COPLAN


& ARONOFF LLP

Mark E. Avsec
MEA/

cc: Elizabeth Dellinger, Esq.


Ira Kaplan, Esq.
Sharon Waxman
Kevin Davis

Doc 3555345 Ver 2

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