Dear Private:I represent the musical group Poison in trademark and related matters.
It has come to my client's attention that you have incorporated the mark
"POISON" in the domain name POISON.COM. Your unauthorized use of the
POISON Mark in your domain name infringes my client's rights in the
United States and elsewhere and will not be tolerated.
As you may know, the band Poison has achieved and enjoyed international
prominence for over fifteen years. By virtue of the band's continuous
use of the POISON Mark since 1986, Poison is the owner of all rights in
and to the trademark and service mark POISON. In addition, Poison has
obtained trademark and service mark registrations for its POISON Mark
which incontestably establish the band's rights.
Through Poison's long and continuous use of the POISON Mark, Poison has
developed substantial goodwill in the POISON Mark. "POISON" is
recognized by the consuming public as identifying the band Poison, its
music, and related goods and services. Your unauthorized use of the
POISON Mark in your domain name is likely to cause consumer confusion as
to the source or sponsorship of your site and is in direct contravention
of my client's rights.
Accordingly, on behalf of Poison, I hereby give you this formal notice
of infringement and demand:
1. that you immediately cease and desist from use of the
POISON Mark in your domain name; and
2. that you immediately transfer ownership of the POISON.COM
domain name to my client.
My client requires immediate attention to this matter. Unless this
office receives your assurances of compliance by June 15, 2001, I have
been instructed to take such action as may be necessary to protect
Poison's legal interests without further correspondence to you.
Thank you for your cooperation. I await an immediate response from you
or your counsel.
Sincerely,
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