Via email: RURURUDY@MACROMEDIA.COM
Via U.S. Certified Mail
Re: Unauthorized Use of Trademarks and
Copyrighted Property - www.STARWARSKIDS.com
Dear Mr. Rucker:
Lucasfilm Ltd. is the sole and exclusive owner of all rights in the major
motion pictures Star Wars, The Empire Strikes Back, Return of the Jedi, and
Star Wars: Episode I - The Phantom Menace. Those motion pictures and the
names and the characters which appear therein are protected by the copyright
and trademark laws of the United States and other nations.
It has come to our attention that you have used and are using one or more of
our trademarks from Star Wars, The Empire Strikes Back, Return of the Jedi
and/or Star Wars: Episode I - The Phantom Menace as domain names on the
World Wide Web. Lucasfilm Ltd. did not authorize your use of these
materials in this or any other manner.
Please be advised that the unauthorized use and sale of our trademarked and
copyrighted material creates a likelihood of confusion as to the source,
affiliation, or sponsorship of your organization and products and
constitutes actionable trademark and copyright infringement under both state
and federal laws. Your use of Lucasfilm's famous trademarks also dilutes
the distinctive quality of those marks. Finally, it is well established
that only the owner of a trademark may use that mark as a domain name. Your
use of this material by an unauthorized and unlicensed organization not only
misappropriates a valuable asset of Lucasfilm, it threatens to cause us
serious economic harm.
We demand that you immediately cease and desist from any unauthorized use of
Star Wars, The Empire Strikes Back, Return of the Jedi and/or Star Wars:
Episode I - The Phantom Menace related materials and provide us written
assurance that you will comply with this demand. Further, we demand that
you immediately abandon use of the domain names listed above and transfer
the domain names to Lucasfilm Ltd.
The foregoing shall not be deemed a waiver of any claim at law or in equity
which Lucasfilm Ltd. may have against you or any other party, each of which
is expressly reserved.
Failure to respond in writing to this letter within 10 days of its date may
result in the initiation of legal proceedings without further notice to you.
We look forward to your immediate response and cooperation.
Sincerely,
/s/ David J. Anderman
David J. Anderman
Associate Director of Business Affairs
-----------------------------------------------
David J. Anderman
Associate Director of Business Affairs
Lucasfilm, Ltd.
P.O. Box 2009
San Rafael, CA 94912
Phone: (415) 662-1800
Fax: (415) 662-2439
-----------------------------------------------
HEADERS:
Received:
from brooklyn.lucasfilm.com (ns.lucasfilm.com [208.244.233.2]) by
ns-1.macromedia.com (8.9.3/8.9.1) with ESMTP id KAA07737 for
; Tue, 16 Nov 1999 10:27:54 -0800 (PST)
Received:
by brooklyn.lucasfilm.com with Internet Mail Service (5.5.2448.0) id
; Tue, 16 Nov 1999 10:27:55 -0800
Message-ID:
<5DDF144C9176D211BE8F00805FC1A0D30118423B@duro.lucasfilm.com>
From:
Net Enforcement
To:
"'rururudy@macromedia.com'"
Subject:
Internet Infringement
Date:
Tue, 16 Nov 1999 10:27:54 -0800
Return-Receipt-To:
Net Enforcement
MIME-Version:
1.0
X-Mailer:
Internet Mail Service (5.5.2448.0)
Content-Type:
text/plain; charset="iso-8859-1"
Content-Length:
2701
Status:
X-Mozilla-Status:
9001
X-Mozilla-Status2:
00800000
X-UIDL:
3819d1c800000871
|