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Old 11-26-2004, 07:09 AM   #1
TheGarbageMan
So Fucking Banned
 
Join Date: Nov 2004
Location: New York City
Posts: 643
Damn Black Man Can't Have Nothin'

Dear TrashMan,

This letter is written on behalf of Netsurprise Ventures, Inc., the owner of
the "Adultnetsurprise" name and the domain name "Adultnetsurprise.com".
Since the year 2000 Adultnetsurprise has been one of the largest and most
recognized adult resources on the Internet and is affiliated with CECash and
Cybererotica.com among many other leading businesses in the Adult Internet
marketplace. You should know that we have spent many years and considerable
sums of money developing the goodwill in the adultnetsurprise.com service
and therefore the ADULTNETSURPRISE mark will be vigorously defended.

We recently learned that you are infringing Netsurprise Ventures' rights by
your use of a confusingly similar domain name that tracks the
Adultnetsurprise mark without authorization. Comments that you posted on
your message board lead us to believe that you are very well aware of the
Adultnetsurprise name and reputation. We believe that you intentionally
registered the domain http://www.adultnetsuprize.com to confuse and divert
consumers searching for Adultnetsurprise services and your misspelling of
the Adultnetsurprise trademark is an obvious attempt to misappropriate
Netsurprise Ventures' good will by use of its internationally famous
"ADULTNETSURPRISE" name and trademark and trade on its recognized name and
reputation.

Your willful use of the Adultnetsurprise mark without permission or
authorization from Netsurprise Ventures, Inc. violates numerous laws
prohibiting trademark and service mark infringement, trademark dilution,
false designation of origin and unfair competition, cyberpiracy and
dilution. The potential legal penalties for such intentional activities
include the payment of compensatory and punitive damages, the disgorgement
of any profits earned from the infringing activity, an award of attorney's
fees and costs incurred by Netsurprise Ventures, together with injunctive
relief.

Be advised that if you do not immediately cease and desist infringing our
trademark or any other activities involving confusingly similar variations
thereon, and if you do not immediately deactivate the website located at
www.adultnetsuprize.com and further agree to refrain form further use of
said domain name, we intend to file an action against you and all persons
responsible for such infringement, where we will seek a temporary
restraining order and a preliminary injunction to prevent further
infringement of our marks and rights. In addition, because of the egregious
and clearly willful infringing nature of such use of our marks and rights,
we will not only seek injunctive relief but substantial money damages as
well, including, compensatory damages, punitive damages, attorney's fees and
costs.

In view of the above we demand that you immediately cease and desist from
these and all other infringing activities, by close of business on December
3rd, 2004. In an effort to resolve this matter quickly and amicably, please
provide us (by return facsimile to # 1-818-591-0805) with your written
confirmation that you will comply with this demand within ten (10) days from
the date of this letter. If the requested confirmation is not received in
that time frame and you continue to use that domain name to drive traffic to
your site, rest assured that we will take all appropriate legal actions to
enforce our rights to the fullest extent permitted under applicable laws.

By copy of this letter, we further demand that Intercosmos Media Group,
Inc., the registrar of your infringing domain, take steps to prevent your
further dilution of the ADULTNETSURPRISE trademark.

The foregoing should not be construed as an offer of compromise or
settlement and Netsurprise Ventures, Inc. hereby reserves each and every one
of its rights and remedies in this matter, none of which has been waived,
whether now existing or whether hereafter asserted, including the right to
commence legal proceedings against you and any other person or persons
acting in concert with you, without further notice. Your prompt response
will greatly determine what Netsurprise Venture's next step will be.

Very truly yours,


Lee Ann Faeth for
Guy Mizrachi, LL.B., B.C.L.
Director of Legal Affairs
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