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Catalyst Complaint Cover Page

437399

Complaint
Number 437399 Date 9/25/2013 Status Assignee Actual Savings Amount Disputed Estimated Savings Closed Groff, Stephen W $0.00 $0.00 $0.00

Location Seattle - Consumer Protection Division NAICS 541920-Photographic Services

Complainant
Name N Ajmera Prashant 3484 Bould Des Sourc Dollard-Des-Ormeaux India, Phone Day (514) 697-1597 45300 Phone Evening Email prashant@ajmeralaw.com

Respondent(s)
Name Getty Images 605 5th Ave S Ste 400 Seattle, WA 98104 Contact Phone (206) 925-6753 Toll Free Email copyright.complian ce@gettyimages.co m

Referral(s)
Name Contact Phone Contact Phone Email

Practice(s)
Code 316 Practice Billing Issues

Activities
Date Added 9/26/2013 9/26/2013 10/8/2013 10/8/2013 Activity Type Email to Complainant Email to Respondent Email from Respondent Email to Complainant Activity C-1stLetterRevised To: prashant@ajmeralaw.com R-1st LetterRevised To: copyright.compliance@gettyimages.com Response. C-Closing Neutral (C-NEU) To: prashant@ajmeralaw.com

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Date Added 10/8/2013 10/8/2013 10/9/2013 2/19/2014 2/19/2014

Activity Type Email to Respondent Resolution-PART ADJUSTED Email from Complainant Email from Complainant Email from Complainant

Activity Rsup Closing Neutral (R-NEU) To: copyright.compliance@gettyimages.com

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Catalyst Report
Complaint Description
Description Office of the Attorney General office State of Washington 1125 Washington Street, SE Olypia, WA, 98504 - 0100 USA -----------------------------------------------------------------------------------------------------------Re: Investigation of Getty Image's illegal business operation and illegal business practices in Canada, USA, India and all many countries of the world.. Dear Sirs, By this letter we are making official complaint against a USA based company, Getty Images, having a registered company in Washington State with the following coordinates: Getty Images 601 North 34th Street, Seattle, WA 98103 USA Tel 1-800-972-4170 Fax 206 925 5001 www.gettyimages.com The following individuals are founders and directors of the aforementioned of the company; 1. Mr. Mark Getty Founder and Chairman Getty Images, Seattle 605 5th Ave South, Suite 400 Seattle, WA 98104 USA 2. Mr. Jonathan Klein Co-founder and CEO Getty Images, Seattle 605 5th Ave South, Suite 400 Seattle, WA 98104 USA The complete history can be found at http://en.wikipedia.org/wiki/Getty_Images GETTY IMAGES (GIM) is in the business of selling digital images through their website, http://www.gettyimages.com GIM claims that it is the owner of these images but the company has not registered these images under any copyright law of USA or any country of the world. GIM uses search engines such as Google and other proprietary search engines on the internet to comb out companies or individuals using these images for various purposes and which are similar to the images supposedly owned by GIM. GIM then sends out invoices for exorbitant amounts of money to these unsuspecting companies and individuals for so called unauthorized use of the images owned by GIM. If payment is not received by GIM from these companies/individuals, it sends out legal notices and if that

route fails, GIM sends out demand notices from debt collection agencies based in Florida, USA. The name of company in USA is as follows: Matt Miller Recovery Specialist NCS IP Solutions LLC PO Box 50276 Sarasota, FL 34232 T - 941-371-9900x227 F - 941-371-9901 This is an illegal operation as GIM is in gross violation of the Penal Code, IP Law of USA and illegal business practice. As the company GIM has not registered these images under IP Law of USA or any other country, GIM cannot claim that it is the owner of the said images unless it is established as such by a court of law in USA or such other court of the other country. The company is well aware that registering these images can cost GIM more than it is worth. Hence GIM is unlawfully extorting money from unsuspecting individuals and companies by sending them invoices for obscene amounts of money. If these invoices go unpaid or are ignored then the company sends out legal notices and finally, demand notices from debt collecting agencies to threaten its victims with legal action for using "So called GIM owned images". Your good office may also note that Getty Images is delivering images via internet and they do not need to have a physical presence in any country. However, in order to create an impression of legitimacy and extort foreign users, the company has opened up an office in India and many other countries so that it can pressurize people who are receiving illegal invoices from them to pay up. This is nothing but a systematic and organized extortion racket and corporate mafia. We are receiving these notices from the companies since last 3 years. In view of the above, we request that your good office investigate the matter at length and take appropriate action to stop this company from running this illegal business of extortion and harassment. Thank you for your time and attention in this matter, I remain, Sincerely, Prashant Ajmera Advocate - High Court of Gujarat State, India Law Office of Prashant Ajmera & Associates

StephenG

10/8/2013

Rsup Closing Neutral (R-NEU) To: copyright.compliance@gettyimages.com Bob Ferguson ATTORNEY GENERAL OF WASHINGTON Consumer Protection Division 800 Fifth Avenue, Suite 2000 Seattle, WA 98104 (206) 464-6686 October 8, 2013 Getty Images 605 5th Ave S Ste 400 Seattle, WA 98104 RE: N Ajmera Prashant File #: 437399 Dear Getty Images: Thank you for your recent response regarding the complaint from N Ajmera Prashant . We appreciate your cooperation and assistance in this matter. The consumer has been informed of your response, and we have closed this complaint accordingly. Your response will become part of our public record. The fact that we are closing this complaint does not mean that we will not investigate or take future action pursuant to the Consumer Protection Act if the facts and circumstances indicate that further action is warranted. STEPHEN W. GROFF Office Assistant 3 Consumer Protection Division (206) 587-4809 Fax: (206) 389-2801 seacrc@atg.wa.gov

437399

StephenG

10/9/2013

From: Prashant Ajmera [mailto:prashant@ajmeragroup.biz] Sent: Wednesday, October 09, 2013 12:42 AM To: ATG MI Seattle CRC Subject: Re: 437399 : A notice from the Washington State Attorney General's Office Dear Sir, We appreciate your reply. If this is not a debt collection and if we are not paying for same then getty images must file a case before proper court. Rathern then that company has opened a company in Florida and sending mail again and again as a debt collection. Please ask Getty Images, if they have ever filed case against any company Based on narrow interpretation of law, getting immigrates is basically extorting people and trying to get what ever money they can get. If we or any company is using their images, they can send letter, legal notice and followed by legal action. If you look at case more carefully you will see that company is taking law in their own hand for so called unlicensed used of their image and that is not permissible in India, USA or Canada or in any Democratic country. Getty images does not want to go to court but keep telling people we will take legal action , we will take legal action ........ This is not legal and acceptable. It is this point your office need to look in to and investigate further. If your office does not take action we will take law in our hand and fight our right against Getty Images, the way in which they have taken law in their own hand. I am sure we are well within our rights to defend our rights.

We have seen cases for intellectual property violation with other IT company of USA like Intel and Cisco. When they see violation of copy right and product, they contact local authority or court and then prosecute people. Just think, if all company in USA start persecuting all customers and consumers by taking law in their own hand what will happen ..... Thanks, Prashant Ajmera
437399

( Attorney at law in India)

437399

StephenG

2/19/2014

From: Prashant Ajmera [mailto:prashant@ajmeragroup.biz] Sent: Monday, February 17, 2014 12:08 AM To: ATG MI Seattle CRC Subject: Re: 437399 : A notice from the Washington State Attorney General's Office Dear Sir, You may wish to take a note of following cases of Getty images. Getty images is violating Copy of rights of others. In 2009, Car-Freshener Corp. filed a lawsuit against Getty Images in U.S. Federal Court, Northern District New York (Case 7:09-cv-01252-GTS -GHL).[citation needed] Car-Freshener claimed that Getty Images had in its catalog photos that included the famous "tree-shaped" trademarked car fresheners. In 2011, Getty Images attempted to have the case dismissed, but its motion was denied.[18] In 2012, Getty Images agreed to settle by paying $100,000 to CarFreshener Corp., but admitted no wrongdoing.[19] In September 2013, Avril Nolan brought a $450,000 suit against Getty Images. Nolan alleges Getty Images improperly allowed her image to be used in advertisements depicting her as HIVpositive. She claims the ad's depiction of her as HIV-positive (she is not infected by the disease) hurt her personal and professional relationships and caused her emotional distress.[20] In November 2013, Getty and Agence France-Presse were ordered to pay $1.2 million compensation to freelance photojournalist Daniel Morel for using his images posted on Twitter related to the2010 Haiti earthquake without his permission, in violation of copyright and Twitter's terms of service.[21][22] Thanks, Prashant Ajmera

437399

StephenG

2/19/2014

From: Prashant Ajmera [mailto:prashant@ajmeragroup.biz] Sent: Sunday, February 16, 2014 11:49 PM To: ATG MI Seattle CRC; licensecompliance@gettyimages.com Subject: Re: 437399 : A notice from the Washington State Attorney General's Office- Getty Images Dear Sir, This is just for your information and record. Police department in India has initiated criminal investigation against Gatty Iimage and its operation. Thanks, Prashant Ajmera

437399