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Old 06-21-2001, 12:49 AM  
knight1
Registered User
 
Join Date: Apr 2001
Location: Australia
Posts: 53
what do I do about this legal notice?

I just received this email today. I'm fairly new at all this, and not sure what I should do.

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To whom it may concern:

We are trademark litigation counsel for Mary-Kate and Ashley Olsen and Dualstar Entertainment Group. We are aware that your website offering pornographic material is electronically linked to "britney-spears-nudes.com" which is making unauthorized use of the domain name "olsentwinsnude.com".

As you are aware, Mary-Kate and Ashley Olsen are well known celebrities, famous for their movies, televisions appearances and products. Mary-Kate and Ashley are interchangeably referred to by their given names and the common public identity "The Olsen Twins". Additionally our clients are currently operating a web site under the domain name "olsentwins.com". Through our clients' extensive usage, advertising and promotion of Mary-Kate and Ashley associated goods and services, their names, likenesses, identities, character and personae have become famous and highly regarded throughout the United States and the world and are associated with wholesome family values that are inextricably tied to our clients' good will and reputation in the eyes of the consuming public.

You and your company's linkage to "olsentwinsnude.com" or any website utilizing that domain name is a disparaging and unauthorized commercial use of our clients' name, likeness, identity and trademarks in violation of California and federal law and is causing irreparable damage and harm. Specifically, your usage of the domain name is in violation of the United States Lanham Act 15 U.S.C. § 1125(a) (unfair competition and false designation of origin); 15 U.S.C. 1125(c) (trademark
dilution); 15 U.S.C. 1125(d) (Anticybersquatting Consumer Protection Act); California Civil Code § 3344 (unauthorized commercial use of name) as well as common law invasion of privacy and right of publicity.

We hereby demand that you immediately terminate all links to your website from any other website using the domain name "olsentwinsnude.com"and any other domain names making reference to Mary-Kate and/or Ashley Olsen and and otherwise cease all usage of any domain names that are unauthorized use of our clients' name, likeness or identity, or any colorable imitation thereof.

We also demand that you immediately cease all similar usages in all forms of communications, including but not limited to all meta tags, links, search engine key words, or any other method or device.

In addition, we demand that you immediately provide us with an accounting of all sales and revenue derived from your linkage to the domain name "olsentwinsnude.com" and any other usage of any confusingly similar domain name or other form of communication as described in the previous paragraphs.

We further demand that you contact this office no later than forty-eight (48) hours from your receipt of this correspondence to advise us of your agreement to cooperate with the demands set forth above. If you fail to cooperate, or fail to contact this office within the requested time, our clients will proceed with a civil action seeking a preliminary and permanent injunction , and monetary damages, including disgorgement of profits, actual damages, costs and attorney fees. We anticipate your prompt response to this urgent matter.

Very truly yours,


David N. Makous of
LEWIS, D'AMATO, BRISBOIS & BISGAARD LLP
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Please help.
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