BMK Inc.
Detroit, MI 48135
Attention: Business and Legal Affairs
To Whom It May Concern:
Our client, D12, has become aware that you have registered the domain name
www.d-12.com, are promoting the website at such domain name ("Website") as
the "Official D12 Store," and are selling D12 merchandise on the Website.
Your registration of the domain name, establishment of the Website, and
manufacture, sale, and advertisement of D12 merchandise constitutes
trademark infringement, copyright infringement, infringement of likeness and
publicity rights, unfair competition, unjust enrichment, and false
designation of origin.
In light of the foregoing, we demand that you immediately (i) cease and
desist from hosting and maintaining the Website, (ii) cease and desist from
manufacturing, selling and advertising any merchandise in connection with
D12 and/or the members thereof, and (iii) transfer your registration of
www.d-12.com, as well as any and all other domain names comprised of our
client's names or marks that you have registered, to our client. We further
demand that by no later than June 5, 2004, you provide us with written
assurance that you will comply with the foregoing demands.
Your unauthorized sale of D12 merchandise exposes you to potential liability
for actual and punitive damages, lost profits, attorneys' fees, and
injunctive relief. Additional remedies also apply regarding violation of
D12's trademark and likeness rights.
In the event you are unwilling or uncooperative in terminating your
infringement of our client's rights, we will also consider whether your
conduct violates any other laws, including the California Unfair Business
Practices Act (Bus. & Prof. Code Section 17200) and the prohibition against
misleading the public in the advertising or sale of goods or services (the
Consumer Legal Remedies Act, Civil Code Section 1770 et seq.).
We have not set forth each and every claim our client may have against you
and we expressly reserve on their behalf all rights, privileges, and
remedies with respect to these matters. We emphasize that our client views
this as a matter of utmost gravity and is prepared to take all steps
necessary and appropriate to protect their rights. We look forward to your
prompt response and cooperation.
Sincerely yours,
Mae Y. Ho
Davis Shapiro Lewit Montone & Hayes, LLP
150 S. Rodeo Drive
Beverly Hills, CA 90212
310.248.3404 (tel)
310.278.4457 (fax)
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i was hired by d12's old manager to run their official merchandise site. they recently got new management and i didnt think i was going to be running it much longer, but they never contacted me about closing it or anything. i owned this domain before they even hired me. i understand closing the site down, but do i have to transfer the domain to them? will they be able to take me to court and win... do they have any grounds? its not that important of a domain to me, but its basically the principal of the matter.