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CHOATE HALL & STEWARI LLP

Mark D. Cahill
t 617-248-s033
mcahill@choate.com

June 15,2071

BY EMAIL AND OVERNIGHT MAIL

Jacob Avital
542 Redwood Drive
Cedarhurst, NY 11516
jsa1 42@gmail.com; j acobavital
@aol.com

Re: Notice To Cease And Desist

Mr. Avital:

Vy'e represent Brilliant Earth, LLC (,.Brilliant Earth,').

Brilliant Earth has become aware of a video that you and your company, ool Want V/hat It,s
Worth," produced and published regarding Brilliant Earth, which .n .ur.ntly be found at
. Brilliant Earth has also learned that you have
reached out to members of the press to publicize your video in an attempt to further
disseminate
the video and the substance of your statements regarding Brilliant Earth.

Many of the statements you make in the video with respect to Brilliant Earth's sourcing practices
are false. That falsity would (and should) have been obvious to you had you exercised
minimal
care in checking the facts prior to publishing your video. Most importantiy, the central
message
of your video - that Brilliant Earth misrepresents the sourcing of th. dimonds it sells and is
running a o'scam" on consumers - is completely false and s.rve, only to damage Brilliant
Earth,s
reputation, confuse consumers, and perpetuate the false idea that diamonds cannot be
ethically
sourced and traced to their origin.

Contrary to repeated assertions in the video, there are mechanisms to track the source of
diamoncls. Specifically, diamond suppliers can maintain careful chain of custody records for
the
diamonds they sell to track the source of a diamond from the rough and on through cutting and
polishing and subsequent sale to a jeweler. Brilliant Earth has prcesses in place to ensure
that
its suppliers follow such practices for the diamonds it sells. io, ."u*ple, last year Brilliant
Earth hired an independent third party firm, SCS Global Services, to uit Brilliant Earth,s
suppliers. That audit confirmed that the suppliers maintained sufficient chain of custody
protocols to ensure the accurate tracking of a diamond's source and verified documented
du!
diligence of the origin of natural diamonds sold to Brilliant Earth.

Your implication that Brilliant Earth relies on GIA grading reports for sourcing is false. As you
are no doubt aware, GIA grading reports do not specify-diamond originr u instead prouid"

Two lnternational Place I Boston IVA 021 10 I1617'248-5000 I f 617-248-4000 I choate.com


June 15,2017
Page 2

technical grading information about the diamond. Brilliant Earth relies on robust chain of
custody protocols to ensure accurate sourcing - not on GIA certiflrcation. Your video's
representation with respect to Brilliant Earth's use of GIA for sourcing is false and misleading,
as anyone with any familiarity with GIA's role in the industry would know.

Turning to the specific example diamond you discuss at length in the video - contrary to your
false assertions, that diamond was, in fact, sourced from Canada. A letter from the supplier
confirming the Canadian source of that diamond is attached. Indeed, several of the other
suppliers mentioned in your video disclose on their own websites that they source diamonds
from Canada. Brilliant Earth does not know whom you were speaking to in the video with
respect to the diamond's source. It was clearly not someone with either the knowledge or
authority to answer the question on behalf of the supplier.

Notably, prior to posting your video, you failed to contact Brilliant Earth to learn what steps are
taken to track a diamond's origin generally, or to inquire as to the specific records regarding your
example diamond. Any responsible publisher would have done so. Rather, you apparently have
produced several videos, including the one targeting Brilliant Earth, as part of a marketing
campaign attempting to leverage false and sensational allegations against established competitors
to raise the prof,rle of your own business dealing in pre-owned jewelry, and/or perhaps for the
benefit of another company that competes with Brilliant Earth.

The false statements in your video, including, without limitation, your false statements regarding
Brilliant Earth's sourcing practices and the assertion that Brilliant Earth is running a "scam,"
constitute -- by way of example, and without limitation -- defamation, trade libel, unfair trade
practices G\f.Y. Gen. Bus. Law $$ 349-50), and a violation of the federal Lanham Act (15 U.S.C.
$ 1125(a)). Your unlawful conduct has injured, and continues to injure, Brilliant Earth..

Moreover, routine diligence indicates that, in addition to your affiliation with the'oI Want What
It's Worth" business, you (or at least your name and/or pseudonym Jacob Worth) are associated
with other internet ventures apparently dealing in (among other things) escort services (e.g.,
escortmetoday.com, datebythehour.com, prepaidlatinas.com) and drugs (e.g.,
marijuanashipments.com, grasspackages.com, dopeshipments.com). Your apparent affiliation
with such businesses raises additional concerns about the motivation for and the basis of your
false statements regarding Brilliant Earth.

While reserving all of its rights to seek relief and recover damages from you and your company,
Brilliant Earth demands that you immediately cease and desist publication of your video
referenced above and the substance of the false statements contained in that video, including,
without limitation, (1) taking the steps necessary to immediately remove the video from
YouTube, (2) ceasing attempts to publicize the false and misleading video with the press, and (3)
refraining from posting any similar videos or otherwise posting or making any false or
misleading statements about Brilliant Earth.
June 15,2017
Page 3

Thank you for your prompt attention to this matter. Please direct any inquires or other
communications to my attention.

Sincerely,

Mark D

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