Case5:14-cv-01256-HRL Document1-5 Filed03/18/14 Pagel of6 Exhibit Fire?y-Ix? File .. History Bookmarks Tools Help 4.- -. fr-n'f'r i .7. El-ICharged Mun 12157 PM JV Periodic Table of the Elements - Josh Duck art? 'f Cuslomer Center Meyer J. Periodic Tame of the Elements Periodic Tabie of the Elements . Josiaauck?om r- - I Mama- sf 4 i I Case5:14-cv-O 56-HRL Dd -: 'i ti.~ i ?Fiie Editii?View Histogva Bookmarks Toqis Heigh {if} a A: tCharqed. Mon 1215?" PM Periodic fable of the Elements Josh Duck I 0 Customer Center Meyer a. You: Periodic Table 01 the Elements Periodic Table of the Elements . . CEI I. '4 .Josraduck.com-..- --. A Blog Projects Photography Ea 3, Elements How are they used? mm Wyln?w Some suggestions: mmumm, Wm, yaMo.com, Madam, bbcmu, may, mammal, Jud-dudLm .h'Hf- ?9 i Periodic Table of the Elements Fil3/18/4 f. 511, )1 I I are 8099;:my i =3 Case5:14-cv-01256-HRL Document1-5 Filed03/18/14 Page4 of6 Exhibit Case5:14-cv-01256-HRL Document1-5 Filed03/18/14 Page5 of6 PARKER STANBURY ATTORNEYS AT LAW DOUGLASS H. MORI B. PETER LEE GEDRGANN CARMAN CHUONG Q. PHUNG JOHN D. BARREI I. JR. MARCUS SASTIDA N. CARELLA JERRY L. JOHNSON ROBERT W. LUPRESTI THERESA J. CARROLL MICHAEL J. GRUSH JAMES L. WOLFSEN RONALD L. SMITH ROSEMARIE MERRILL WILLIAM M. LINDA H. MUCHAMEL Los ANGELES. CA 90071-2901 generates CHRISTOPHER M. MOEN MATHEW L. MAY RICARDO A. MERCADO GEORGE C. GONZALEZ MATTHEW W. DAVIS PATRICK M, HEVESY I 5 I GLORIA M. JUAREZ KELLY A. SHERIDAN REYNALDO C. SANTOS ALAN B. SHEATS a JUDY Y. KIM MAY KIM DAVID E. COWAN FELICIA EDELMAN I H. MICHAEL SONG FELIX P. MONTERO GEORGE A. HUNLOCK JOHN E. REDD JOSEPH v. RAMOS CINDY G. MAGANA ALEX L. SHIA JEFF H. GREEN J. MARTIN LATHROP NAM C. NGUYEN M- MANAGING PARTNER ROBERT W. IRVINE I LOS ANGELES I SACRAMENTO MEMBER OF AMERICAN BOARD OFTRIAL ADVOCATES RIVERSIDE 0 SAN DIEGO HARRY D. PARKER II 391-! 975} RAYMOND G. STANBURYE 1904-1 9651 October 29, 2013 Joshua Duck 1601 Willow Road Menlo Park, CA 94025 Dear Mr. Duck: Re: Alara Mills Elements and Attibutes Work Our File Number: 3382665 Our of?ce has consulted with Ms. Alara Mills, owner of the enclosed Elements and Attributes infographic (hereinafter, Elements?), in relation to distribution of your work titled, Periodic Table of the Elements (hereinafter, ?Periodic Table), that is substantially similar to her Elements. Ms. Mills informed this office that she is the sole copyright owner Elements that she obtained a copyright registration in January 27, 2010. Ms. Mills submitted an earlier version of her chart within a book prospectus to a publisher in July 29, 2010, a copy of which is enclosed. This is the version that was possibly leaked to you in creation of your Periodic Table. On July 25, 201 1, Ms. Mills discovered you using her Elements graphic on your website hosted at On December 201 1, Ms. Mills released a poster of her Elements chart for sale on ArtistRising.com. Recently, in October 2013, she discovered that you are selling a poster version of the chart titled, Periodic Table of the Elements, on Zazzlecom, that is substantially similar to her Elements chart, a copy of which is enclosed. Please be advised that the unauthorized reproduction and sales of copyrighted material is considered copyright infringement in violation of US. Copyright law, Title 17 of the United States Code. Further, as you may know, United States copyright laws provide for severe criminal penalties and substantial civil liability for misappropriation of copyrighted material. Ms. Mills informed this office that she never authorized you to reproduce and/or create a derivative work of Elements. The substantial similarity of your Periodic Table to her Elements, of not only the arrangement, but of the color scheme, can constitute unauthorized reproduction and/or perceived as a derivative work that would be construed as copyright infringement. Case5:14-cv-01256-HRL Document1-5 Filed03/18/14 Page6 of6 October 29, 2013 Page 2 Accordingly, demand is hereby made that you immediately cease and desist further reproduction and distribution for sales of your Periodic Table. Should you choose to continue reproduction and distribution for sales of your Periodic Table, substantial changes needs to be made on said Periodic Table as set forth below to eliminate confusion and similarities: change the color of the ?rst column to a color other than blue; Change the text-level elements to a color other than yellow; change the form elements to a color other than green; change the color of the last column to a color other than orange or fuchsia; relocate the table of elements to a different region other than within the last two columns; and 6. change the table elements to a different color other than orange or light green. Given the gravity of this matter, Ms. Mills must receive written confirmation that you will comply with the demands set forth above within fourteen (14) days from the date of this letter. All correspOndences in this matter should be directed to Ms. Mills at PO. Box 534, Santa Monica, CA 90406. Should you fail to comply with the demands set forth above; Ms. Mills will have no other options but to pursue relief in the appropriate courts for preliminary and permanent injunctive relief, monetary damages, attorney fees, costs, and other relief to which she may be entitled. Your prompt attention to this matter is greatly appreciated. Nothing contained herein is intended or should be construed as a waiver of any rights and remedies, either legal or equitable, of Ms. Mills, all of which are expressly reserved. Very truly yours, PARKER - STANB URY LLP By REYNALDO C. SANTOS, ESQ. cc: Alara Mills (via portal)