First of all I don’t even know if these people really represent Shoppers Drug Mart or not so I will be asking them to proof that they do before I take any further action. It has been confirmed that they do represent Shoppers. I have been promoting Shoppers Drug Mart a lot on SC and I never got a penny out of doing so. I’m not impressed that the very first time I ever hear from Shoppers Drug Mart is because I’m being threatened of getting sued.
I act for Shoppers Drug Mart Inc.Â (“Shoppers”). It has come to Shoppers’ attention that information regarding future sales, programs, events and promotions (the “Shoppers’ Events”) which has yet to be publicly released, has been posted on your website at www.smartcanucks.ca by a user who goes by the name of Hot Like Wasabi.
For example see the following thread regarding an upcoming camera event at Shoppers’ stores:
This event has yet to be publicly announced by Shoppers.Â Details of upcoming sales such as this one which have yet to be publicly announced constitutes Shoppers’ confidential information (the “Shoppers Confidential Information”). At no time has Shoppers authorized the posting of the Shoppers Confidential Information on your website. Further, the individual who posted the above thread, whom Shoppers believes is one of its employees, was not authorized to disclose the Shoppers Confidential Information to any third parties and has breached the duty of confidentiality he/she owes to Shoppers.
Now that you have been put on notice of Hot Like Wasabi’s unlawful activity, I trust that you will want to avoid any liability in respect of this and similar threads regarding the Shoppers’ Events posted by Hot Like Wasabi and agree to immediately take-down all such postings of the Shoppers’ Events by Hot Like Wasabi, regardless of the postings’ currency.Â Even if some of the postings are now dated, Shoppers demands that they be taken-down without delay.Â At no time were these postings authorized by Shoppers and at the time they were made, they contained Shoppers’ Confidential Information.
Please advise whether to assist Shoppers with its investigation, you are in a position to disclose Hot Like Wasabi’s identity and provide us with a copy of the relevant logs and records.Â If not and we must obtain a Court Order compelling you to disclose Hot Like Wasabi’s identity and to produce a copy of all records and logs in your power, possession and control relating to Hot Like Wasabi’s postings of the Shoppers’ Events, then please advise right away so we can proceed accordingly. We request in any event that you preserve any and all records regarding Hot Like Wasabi’s postings of the Shoppers’ Events.Â Please confirm that you are doing so.
Finally, I have copied Slicehost LLC (“Slicehost”), the Internet Service Provider that is hosting www.smartcanucks.ca on this e-mail and request that it also proceed immediately to take-down the offensive postings and to preserve any and all of its records and logs relating to the unlawful activity in question.Â I will be sending a separate notice to Slicehost in this regard.
As time is very much of the essence, I look forward to your immediate reply.
Osler, Hoskin & Harcourt LLP
Box 50, 1 First Canadian Place
Toronto, Ontario, Canada M5X 1B8
Update: based on feedback I got from you guys I’ll remove the information they asked me to remove.
update2: In response to my email request to prove she represents Shoppers I got this email:
Thank you for your quick response.
You will be receiving shortly an e-mail from Shoppers Drug Mart confirming my retaner.
Update3: Got a confirmation email from Shoppers Drug Mart:
My name is *** name removed to protect his privacy *** and I am Vice-President of Legal Affairs at Shoppers Drug Mart. Â I am in receipt of your email to J.D.Â below and confirm that J.D. of Osler, Hoskin and Harcourt acts for Shoppers Drug Mart and has been retained to deal with this matter on our behalf.
This matter is serious to Shoppers Drug Mart and I would appreciate your co-operating with Ms. Dolman to remove the offending postings. Â Should you have any questions or concerns, my direct line is below. Â I would be happy to discuss this matter with you further.
Update4: Case closed. I removed the posts as requested by Shoppers. They lose the buzz and free marketing. Their loss.