This is to inform the public who visit and view my site that the Andy Honda page is being removed, this is in compliance with the letter/comment I received last October, I apologized for the late response to their request to removed the page since I was busy during those days due to the damage that the typhoons have caused me, moving forward I'm removing the Andy Honda page in my site due to the legal matter. here is the comment that was posted in my site last October.
To Whom It May Concern:
We represent Andy Honda in the above referenced legal matter. Mr. Honda is an actor and model who has recently become aware of pictures of himself that have been posted on the internet without his knowledge or consent. At the time the pictures were taken, Mr. Honda believed that they would be used for personal purposes and not for commercial purposes. However, it appears these private pictures have been misappropriated and are being exploited for commercial gain without Mr. Honda’s consent.
Your website posts some of these unauthorized pictures, including Mr. Honda’s name. Your unauthorized use of Mr. Honda’s name and image makes you complicit in the violation of his privacy rights. Not only have you used Mr. Honda’s name and pictures without his permission, but you are using them for commercial purposes as your website contains paid advertising and/or content links to other websites having a commercial purpose.
Such unauthorized use of Mr. Honda’s name and image for commercial purposes violates California Civil Code Section 3344(a). Pursuant to the statute, not only is Mr. Honda entitled to general damages for loss of reputation, shame and mortification, but he is also entitled to any profits you might have earned from the unauthorized use of his name and likeness. Additionally, Mr. Honda may have claims for punitive damages and attorney fees should this claim be litigated in a court of law. In California, punitive damages are awarded to punish a defendant for his or her wrongful acts.
We demand that your website remove any reference to Mr. Honda’s name and the images described herein from its website. Further, we demand that your website remove any access to these pictures and Mr. Honda’s name from its indexing system and cache so that so that internet searches for “Andy Honda” will not locate your website.
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We expect to receive communication from you within seven days of the date of this letter providing your assurances that you will comply with our demands described above. In the event that we do not hear from you or that you refuse to remove Mr. Honda’s name and pictures described above from your website, we will have no choice but to include you and your website in the legal action we will be filing against those who have violated Mr. Honda’s privacy rights.
Pick & Boydston, LLP