Subtitle: Omega Tool Corp Does Damage Control, ON US!
I was about to tell you all about a really awesome piece of Corvette racing history that’s going on the auction block, when I received an interesting email from the law firm of Schafer and Warner, PLL demanding that we remove the wrongfully and illegally posted image of a screen shot from a bootlegged video that was posted online that sure looks like the nose of the C7 Corvette. I discovered the images from my Google Alerts, which is setup to inform me of Corvette related stories in the news. The only image in the post showed the front bumper cover of what was speculated to be the nose of the C7 Corvette. The image was linked back to the source of the story, as per my Google Alert, and we included a text link to the source.
In followup emails from Google Alerts on Monday, Tuesday, and early Wednesday, it was obvious that the Corvette hungry community was all over this story like flies on stink. So I’m sure the legal eagles have been working hard to scour the net, racking up copious hours of billing time.
Well, I got on it right away, YES, SIR! Least we be the cause of any damages the the Omega Tool Corp might suffer as a result of their own problem. No, the only “suffering” they’ll incur is the butt chewing they probably already received from their big boss, plus the bill they’ll be getting from their attorneys for fix their screw up. It’s funny, because when I first read the story, I said out loud, “D’OGH! Someone’s in a HEAP OF TROUBLE!” The picture that came to my mind’s eye was that of sheriff Buford T. Justice, the cartoony character wonderfully played by Jackie Gleason in the “Smokey and the Bandit” movies. (next I’ll get a letter about the Gleason image) If you were able to see the illegal images in question, you might have wondered, “Is this REALLY the nose of the C7?” Now you know for sure, IT IS THE C7! Otherwise there wouldn’t be this heavy-handed demand for removal. Omega COULD HAVE (and maybe SHOULD HAVE) simply issued a statement saying, “We have no idea where these images came from…” etc. Hey, politicians do that all the time. But the over reaction says that the images are, er, ah were CORRECT, because they’re all falling off the internet as I type. So, if you hear a big CRASHING sound somewhere, out there, that’s all of those “illegal images” being run off the information super highway.
So, on behalf of the Corvette community, I want to thank Omega and their attorneys for confirming that oh so brief sneak peek. Yes Virginia, that was the C7 Corvette. Now you’ll have to wait until January ‘13. – Scott
PS – Here’s the letter we received…
To Whom It May Concern:
Omega Tool Corp. (“Omega”) has retained Schafer and Weiner, PLLC (“S&W”) to enforce its rights related to images that were wrongfully and illegally posted to your website (the “Images”). Through this letter, Omega formally demands that you immediately remove the Images from your website and permanently disable all access to the Images.
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 Images were taken from a video that was wrongfully and illegally posted to the internet by an unrelated and unauthorized third-party. 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. The Images can be found at the URL: http://www.corvettereport.com/c7-front-end-teaser-sneak-peek/. Continued access to the Images and their content will cause extensive harm to Omega, potentially resulting in millions of dollars in damages.
Posting the Images violates the Uniform Trade Secret Act (“UTSA”) by misappropriating Omega’s trade secrets. Specifically, your disclosure of the Images 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 CorvetteReport.com, that the information the Images contain is closely guarded proprietary information, and not consensually available to the public.
Each Image must be immediately removed and all access to the Images must be permanently disabled. If you fail or refuse to remove the Images, 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 (???) ???-???? or e-mail me at ???????@???????????????.com as soon as possible to discuss the steps you will take to remove and disable the Images. I expect to hear from you within twenty-four (24) hours of receiving this letter.
Govern yourself accordingly,
40950 Woodward Ave., Ste. 100
Bloomfield Hills, MI 48304