David K. Caplan Keats McFarland & Wilson LLP 9720 Wilshire Blvd., Penthouse Suite Beverly Hills, CA 90212 (310) 777-3722 Fax: (310) 860-0363
September 28, 1999
VIA ELECTRONIC MAIL
gmo@sickone.com
Re: UNAUTHORIZED USE OF THE TIME WARNER ENTERTAINMENT COMPANY, L.P., DC COMICS, AND HANNA- BARBERA PRODUCTIONS, INC.'S PROPERTIES OUR REF. NO.: WB2098
Dear Sir or Madam:
This letter is being written to you on behalf of Warner Bros., a division of Time Warner Entertainment Company, L.P., DC Comics, and Hanna-Barbera Productions, Inc. (hereinafter "Clients"). Our Clients are the owners in the United States of all rights in and to the world famous Looney Tunes, Superman, Wonder Woman, Scooby-Doo, The Flintstones, and The Jetsons characters (hereinafter referred to as the "Warner Bros. Characters") and properties including all copyrights, trademarks, and other intellectual property rights (hereinafter referred to as the "Warner Bros. Properties"). No one is authorized to reproduce, transmit, copy, or otherwise utilize the Warner Bros. Properties without the express written permission of our Clients.
Our Clients have recently learned that your web site located at "http://www.sickone.com/toons/" contains unauthorized copies and/or derivative copies of the Warner Bros. Properties. As you know, your web site features blatantly pornographic depictions of the Warner Bros. characters engaged in sexual acts.
Your use of the Warner Bros. Properties constitutes copyright infringement. In addition, your conduct constitutes trademark infringement and unfair competition in that those who view your site may erroneously believe that your site is sponsored, approved, or authorized by Warner Bros. Moreover, your infringing use of the Warner Bros. Properties dilutes the distinctiveness of the Warner Bros. Properties by trading upon the goodwill and reputation which the public associates with these properties. You are hereby put on notice that the reproduction or transmission by you of such unauthorized copies and/or derivative copies of the Warner Bros. Properties is illegal and potentially subjects you to both criminal and civil sanctions.
Our Clients hereby demand that you and all those who have acted in concert with you immediately cease any copying, transmission, or other utilization of any of their protected intellectual property, including any use of the Warner Bros. Properties, and that you delete from your site or other sites operated by you all of the aforesaid Properties of our Clients. Should you not immediately do so, our Clients expressly reserve all of their rights to file a lawsuit against you to obtain both damages for all past acts of infringement and an injunction to prevent any future infringement.
If we do not receive your written confirmation before the close of business on October 19, 1999, that you have complied with these demands, we will advise our Clients to take such action against you as they may deem appropriate.
This letter is not a complete statement of our Clients' rights in connection with this matter, and nothing contained herein constitutes an express or implied waiver of any rights, remedies or defenses of our Clients in connection with this matter, all of which are expressly reserved.
Very truly yours,
/s/
David K. Caplan Keats McFarland & Wilson LLP
DKC:ems cc: Warner Bros. I:\IP\10135\00084\C&D\GMO's_C&d.doc
From: "KMWLAW" To: Subject: IMPORTANT Date: Fri, Oct 1, 1999, 3:50 PM
Dennis L. Wilson, Esq. Keats McFarland & Wilson LLP Penthouse Suite 9720 Wilshire Boulevard Beverly Hills, CA 90212 Tel: (310) 248-3830 Fax: (310) 860-0363
October 1, 1999
Re: UNAUTHORIZED USE OF TWENTIETH CENTURY FOX PROPERTIES
http://www.sickone.com/toons
This letter is being written to you on behalf of our client, Twentieth Century Fox Film Corporation (hereinafter "Fox"). Fox is the exclusive owner of all copyright, trademark and other intellectual property rights in and to the world-famous "The Simpsons" television series (hereinafter "The Simpsons Copyrights and Trademarks"). "The Simpsons" television series entertains millions of people worldwide and Fox rightfully takes its responsibility for the protection of The Simpsons Copyrights and Trademarks very seriously.
Fox has recently learned that your web site located at "http://www.sickone.com/toons/" contains unauthorized copies and derivative copies of The Simpsons Copyrights and Trademarks and uses such copies in conjunction with sexually explicit material.
You are hereby put on notice that the reproduction and distribution by you of such unauthorized and derivative copies of The Simpsons Copyrights and Trademarks constitutes copyright infringement, trademark infringement, trademark dilution, unfair competition and/or disparagement, and potentially subjects you to both criminal and civil sanctions.
Fox hereby demands that you and all those who have acted in concert with you immediately cease any copying, distribution, or other use of any of its protected intellectual property, including any use of The Simpsons Copyrights and Trademarks, and that you delete from your web site and any other sites operated by you (including any local, regional, or national bulletin board) all of the aforesaid Copyrights and Trademarks of our client. Should you not immediately do so, Fox expressly reserves all of its rights to file a lawsuit against you to obtain damages for all past acts of infringement and an injunction to prevent any future infringement.
We further request that you provide us with written confirmation before the close of business on October 13, 1999, that you have complied with these demands. If you do not do so, we will advise Fox to take such action against you as it may deem appropriate.
This letter is not a complete statement of Fox's rights in connection with this matter, and nothing contained herein constitutes an express or implied waiver of any rights, remedies, or defenses of Fox in connection with this matter, all of which are expressly reserved.
Very truly yours, /s/ Dennis L. Wilson
Dear gmo@sickone.com:
United Feature Syndicate, Inc. ("UFS") is the exclusive owner of all copyright, trademark, and other intellectual property rights in and to the world-famous "DILBERT" comic strip. The "DILBERT" comic strip appears in thousands of newspapers across the United States and around the world. These rights strictly prohibit any individual attempts to reproduce, transmit, copy, or otherwise utilize the "DILBERT" comic strip, or the characters appearing therein, without the express written permission of UFS.
It has come to our attention that the site location of "http://www.sickone.com/toons/137.html", for which you are listed as the registrant, contains unauthorized copy and derivative reproductions of the "DILBERT" characters. We appreciate your enthusiasm and support, however, this material is copyrighted by UFS and cannot be used without the express written consent of UFS. At this time, we are not granting anyone permission to use the copyrighted and trademarked material on the web.
I request that you immediately remove all unauthorized "DILBERT" material from the website address "www. garyrose.com/toons/137.html " and any other sites for which you have control and confirm that you have done so.
If you have any questions about copyrights or trademarks, please consult with your attorney.
United Media
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