![[MistaT]](data:image/svg+xml;base64,CgkJCTxzdmcgeG1sbnM9J2h0dHA6Ly93d3cudzMub3JnLzIwMDAvc3ZnJyB2aWV3Qm94PScwIDAgNTAgNTAnPgoJCQkJPHJlY3Qgd2lkdGg9JzEwMCUnIGhlaWdodD0nMTAwJScgZmlsbD0nI2JkOTBjMCcgLz4KCQkJCTx0ZXh0IHg9JzUwJScgeT0nNTAlJyBmaWxsPSd3aGl0ZScgZm9udC13ZWlnaHQ9J2JvbGQnIGZvbnQtZmFtaWx5PSdBcmlhbCcgZm9udC1zaXplPSczMDAlJyBkb21pbmFudC1iYXNlbGluZT0nY2VudHJhbCcgdGV4dC1hbmNob3I9J21pZGRsZSc+WzwvdGV4dD4KCQkJPC9zdmc+CgkJ "[MistaT]")
October 11, 2002
VIA EMAIL ([email protected]) AND FIRST-CLASS MAIL
RE: Lightspeed Media Corp., v. Liam Talbot
To Whom It May Concern:
We are the attorneys for Lightspeed Media Corp. representing them in their intellectual property and other legal matters.
Lightspeed Media Corp. (?Lightspeed?) is the owner of United States Federal Trademark Application No. 78138278 and numerous other trademark registrations pertaining to the mark ?Tawnee Stone.? Lightspeed Media Corp. uses this mark in the United States and internationally in conjunction with its online adult entertainment offerings. Lightspeed Media Corp. owns the domain name tawneestone.com, which is an operating commercial website.
Lightspeed recently discovered that Liam Talbot (?Talbot?) has registered and is using zxtawnee-stone.com (collectively the ?Domain Name?) as a World Wide Web domain name in violation of the Anticybersquatting Consumer Protection Act of 1999, which is embodied in the Lanham Act. You can find the ACPA at http://www4.law.cornell.edu/uscode/15/1129.html Furthermore, Talbot is intentionally trading on the goodwill of Lightspeed by using a trademark that is confusingly similar to Liam Talbot.
It is clear that Talbot?s use of the Domain Name is intended to (and actually does) confuse and misdirect customers seeking Lightspeed's website to Talbot?s website, while ensuring that Talbot?s customers are not confused. This activity is actionable under federal law and causes Talbot to be liable to Lightspeed in every state in which Talbot has made sales. Talbot?s activities are unlawful and constitute unfair competition, intentional trademark infringement, trademark dilution, false designation of origin and cybersquatting. The Lanham Act provides numerous remedies for trademark infringement and dilution, including, but not limited to, preliminary and permanent injunctive relief, money damages, a defendant?s profits, provisions for the destruction or confiscation of infringing products and promotional materials, and where intentional infringement is shown (as would be the case here), attorneys? fees and possible treble money damages.
Lightspeed has several options to enforce its legal rights. It can submit the matter to the Internet Corporation for Assigned Names and Numbers to be resolved under its Uniform Domain Name Dispute Resolution Policy (the ?Policy?) and seek a ruling that the Domain Name be transferred to Lightspeed. The Policy can be found at http://www.icann.org/dndr/udrp/policy.htm
Second, Lightspeed can file a lawsuit against Talbot seeking: (i) preliminary and permanent injunctions, (ii) money damages, (iii) compensation equal to Talbot?s profits, (iv) reimbursement for Lightspeed?s attorney's fees (because of Talbot?s blatant and intentional acts), and (v) a court order that Talbot transfer the Domain Name to Lightspeed and that Talbot compensate Lightspeed for damage to Lightspeed?s goodwill.
Please understand that Lightspeed?s primary concern is in protecting its intellectual property interests in the Tawnee Stone mark. In similar situations to this one, Lightspeed licenses the use of the infringing domain back to the infringing party (you) once it has been transferred to Lightspeed. If you are an affiliate of Lightspeed, you should contact Richard Buss ([email protected]) to discuss this possibility.
Lightspeed prefers to resolve this matter without taking legal action, but it is prepared to file a lawsuit if necessary to protect its rights and business. Talbot may avoid legal action by having an authorized representative of Talbot sign this letter where indicated below and return the signed letter to me on or before October 25, 2002.
This letter is sent without prejudice to Lightspeed's rights and claims, all of which are expressly reserved. I am sending you a copy of this letter by regular first class mail in addition to sending it to you by email.
Sincerely,
AvantLaw pllc
Robert S. Apgood
cc: Lightspeed Media Corp.
The undersigned covenants to take the following actions immediately: (i) transfer any and all rights of the undersigned in and to the following domain names to Lightspeed Media Corp.: zx-tawnee-stone.com (collectively the "Domain Name"); and (ii) cease and desist from any and all use of the Domain Name except as may be agreed to by Lightspeed Media Corp. and Liam Talbot in a written license or other agreement executed by the parties.
Dated: ______________________, 2002.
Liam Talbot
By:_________________________
Its:_________________________
VIA EMAIL ([email protected]) AND FIRST-CLASS MAIL
RE: Lightspeed Media Corp., v. Liam Talbot
To Whom It May Concern:
We are the attorneys for Lightspeed Media Corp. representing them in their intellectual property and other legal matters.
Lightspeed Media Corp. (?Lightspeed?) is the owner of United States Federal Trademark Application No. 78138278 and numerous other trademark registrations pertaining to the mark ?Tawnee Stone.? Lightspeed Media Corp. uses this mark in the United States and internationally in conjunction with its online adult entertainment offerings. Lightspeed Media Corp. owns the domain name tawneestone.com, which is an operating commercial website.
Lightspeed recently discovered that Liam Talbot (?Talbot?) has registered and is using zxtawnee-stone.com (collectively the ?Domain Name?) as a World Wide Web domain name in violation of the Anticybersquatting Consumer Protection Act of 1999, which is embodied in the Lanham Act. You can find the ACPA at http://www4.law.cornell.edu/uscode/15/1129.html Furthermore, Talbot is intentionally trading on the goodwill of Lightspeed by using a trademark that is confusingly similar to Liam Talbot.
It is clear that Talbot?s use of the Domain Name is intended to (and actually does) confuse and misdirect customers seeking Lightspeed's website to Talbot?s website, while ensuring that Talbot?s customers are not confused. This activity is actionable under federal law and causes Talbot to be liable to Lightspeed in every state in which Talbot has made sales. Talbot?s activities are unlawful and constitute unfair competition, intentional trademark infringement, trademark dilution, false designation of origin and cybersquatting. The Lanham Act provides numerous remedies for trademark infringement and dilution, including, but not limited to, preliminary and permanent injunctive relief, money damages, a defendant?s profits, provisions for the destruction or confiscation of infringing products and promotional materials, and where intentional infringement is shown (as would be the case here), attorneys? fees and possible treble money damages.
Lightspeed has several options to enforce its legal rights. It can submit the matter to the Internet Corporation for Assigned Names and Numbers to be resolved under its Uniform Domain Name Dispute Resolution Policy (the ?Policy?) and seek a ruling that the Domain Name be transferred to Lightspeed. The Policy can be found at http://www.icann.org/dndr/udrp/policy.htm
Second, Lightspeed can file a lawsuit against Talbot seeking: (i) preliminary and permanent injunctions, (ii) money damages, (iii) compensation equal to Talbot?s profits, (iv) reimbursement for Lightspeed?s attorney's fees (because of Talbot?s blatant and intentional acts), and (v) a court order that Talbot transfer the Domain Name to Lightspeed and that Talbot compensate Lightspeed for damage to Lightspeed?s goodwill.
Please understand that Lightspeed?s primary concern is in protecting its intellectual property interests in the Tawnee Stone mark. In similar situations to this one, Lightspeed licenses the use of the infringing domain back to the infringing party (you) once it has been transferred to Lightspeed. If you are an affiliate of Lightspeed, you should contact Richard Buss ([email protected]) to discuss this possibility.
Lightspeed prefers to resolve this matter without taking legal action, but it is prepared to file a lawsuit if necessary to protect its rights and business. Talbot may avoid legal action by having an authorized representative of Talbot sign this letter where indicated below and return the signed letter to me on or before October 25, 2002.
This letter is sent without prejudice to Lightspeed's rights and claims, all of which are expressly reserved. I am sending you a copy of this letter by regular first class mail in addition to sending it to you by email.
Sincerely,
AvantLaw pllc
Robert S. Apgood
cc: Lightspeed Media Corp.
The undersigned covenants to take the following actions immediately: (i) transfer any and all rights of the undersigned in and to the following domain names to Lightspeed Media Corp.: zx-tawnee-stone.com (collectively the "Domain Name"); and (ii) cease and desist from any and all use of the Domain Name except as may be agreed to by Lightspeed Media Corp. and Liam Talbot in a written license or other agreement executed by the parties.
Dated: ______________________, 2002.
Liam Talbot
By:_________________________
Its:_________________________
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