trademark investigation .pdf
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The Offices of APS & Associates
You are in receipt of this letter because you and/or your establishment have been reported as
possible violators of trademarks owned by our client Sound Choice®, Sound Choice Studios, Inc.
Sound Choice Studios, Inc. (SCS), and Slep‐Tone Entertainment Corporation (Slep‐Tone) are the
creators of the popular line of karaoke music sold under the brand name Sound Choice®. Our firm
represents SCS and Slep‐Tone (together, Sound Choice) in trademark infringement audits and
Having been reported to APS & Associates as a possible violator of the Sound Choice trademark,
APS on behalf of Sound Choice® has conducted an investigation/audit of your operations resulting in
overwhelming evidence that substantiates the before mentioned claims of trademark violations.
Based upon the recent investigation, we believe that you have been using pirated/unauthorized
copies of Sound Choice songs in your karaoke shows, music that our clients spent a great deal of time,
effort, and money to create and market. Our investigators and witnesses also observed you displaying
the well known Sound Choice® logo during a recent karaoke show. As a result of that investigation and
your actions, you may be named as a defendant in a lawsuit filed in Federal District Court on the behalf
of our client Sound Choice®, Sound Choice Studios, Inc. pursuant to an investigation for trademark
infringement and unfair competition arising under §§ 32 and 43 of the Lanham Trademark Act of 1946,
15 U.S.C. §§ 1114 and 1125.
You may contact a representative of APS & Associates to resolve this matter prior to moving
forward to litigation if you wish to bring this to a full resolution in the fastest and least expensive
manner. You have 10 business days from the date of this letter to respond. Call: 623‐434‐1838
This letter does not constitute service of the lawsuit. However, if you do not contact our firm to
discuss this matter, we will file in Federal Court and have the complaint served upon you. Any and all
communication with you, your legal representative and or staff/employees past and present will be
documented and recorded and may be used against you in a court of law.
APS & Associates
3120 W. Carefree Hwy. Ste‐1‐#301
Phoenix, Arizona 85086
This message is designed to help you understand why, in our view; your actions are outside the
law, and to encourage you to discuss a prompt and reasonable settlement in regard to this matter.
Slep‐Tone distributes karaoke accompaniment tracks on compact discs, primarily in a format
called CD+G, or "compact disc plus graphics." It does not distribute tracks on any other medium. If you
obtained your Sound Choice tracks by downloading them, or by buying a preloaded hard drive or
karaoke machine (generally referred to as a CAVS system), then you did not legally obtain your Sound
Another way that you can infringe Slep‐Tone's rights is by copying your CD+Gs to a hard drive in
a way that violates our media‐shifting policy. The Sound Choice trademarks are protected under federal
law. If you have infringed Sound Choice’s rights, your actions are punishable under federal law. If you
play an illegal copy of a Sound Choice® song, the Sound Choice logo, which is a registered trademark, is
displayed on your monitors. Because that illegal copy wasn’t produced by Sound Choice, displaying that
logo is trademark counterfeiting. Federal law imposes damages of up to $200,000 for use of a
counterfeit trademark and ten times that amount if the infringement was willful. The Court can also
order your equipment to be seized and can stop you from running karaoke shows using Sound Choice
songs. You may also be liable for copyright infringement if you did not pay royalties to the owner of
copyright in the underlying musical work for the copies you made or acquired.
Make no mistake, if you are playing a Sound Choice song and you do not own an original legal
copy of the CD+G disk then you are committing trademark infringement. Additionally you must have a
set of disks for each and every system in operation.
Sound Choice does not want or intend to destroy your karaoke business. In fact, Sound Choice
wants to help you get legal and stay legal, and we are creating an environment where legal KJs will have
the advantage. For that reason, we are providing you with one opportunity to resolve this situation
before we formally begin the lawsuit.
If you respond to us within ten (10) days of the date on this letter, Sound Choice is willing to
offer to settle with you on favorable terms that will allow you to continue to operate your karaoke
business without violating Sound Choice’s rights.
If you do not respond, we will arrange to have you served with the complaint. The more work
we have to do and the more expenses we incur to prosecute this lawsuit, the more it will cost you to
settle. Stated another way, it will never be as inexpensive to settle this matter and to get legal as it is
right now. Your competitors are being offered the same deal, so it is important that you move quickly.
Sound Choice wants the karaoke community to know that it has taken this step reluctantly.
Despite the company’s reputation for the highest quality karaoke music available, it is a small company
that has been hit hard by this piracy. Our only goal is to do what is necessary to help Sound Choice
continue to produce the top‐quality music that is the lifeblood of karaoke. Without revenue, Sound
Choice cannot make new music. Without new music, karaoke will die a slow death. In that sense,
karaoke piracy is a theft not just from Sound Choice, but from everyone from the karaoke fan, to the KJ,
to the venue.
We encourage you to call today to begin resolving this situation, while you still have the
opportunity to settle on favorable terms. If you have questions about your liability, you should consider
consulting an attorney of your choice, since we cannot give you legal advice about this matter.