Chanels Spots Alleged Imposters -- Chilling Effects Clearinghouse

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Chanels Spots Alleged Imposters

September 23, 2008

Sender Information:
Chanel, Inc.
Sent by:

Recipient Information:

Digg Inc.
135 Mississippi S

San Francisco, CA, 94017, USA

Sent via: email
Re: Chanel, Inc./Trademark Counterfeiting by www.finerbags.com

Dear Sir/Madam:

We represent Chanel, Inc. ("Chanel"), in certain intellectual property matters.

Chanel is the owner of the world-famous CHANEL and CC Monogram trademarks. Chanel owns numerous trademark registrations worldwide for the Chanel and CC Monogram trademarks including, but not limited, to the following United States Federal Trademark Registrations:

Mark Reg. No. Reg. Date

CHANEL 0,626,035 May 1, 1956
CC MONOGRAM 1,314,511 January 15, 1985
CHANEL 1,347,677 July 9, 1985
CHANEL 1,733,051 November 17, 1992
CC MONOGRAM 1,734,822 November 24, 1992
CC MONOGRAM 3,022,708 December 06, 2005
CC MONOGRAM 3,025,934 December 13, 2005
CHANEL 0,915,139 June 15, 1971
CC MONOGRAM 1,241,264 June 7, 1983
CHANEL 1,241,265 June 7, 1983
CC MONOGRAM 1,271,876 March 27, 1984
CC MONOGRAM 1,501,898 August 30, 1988
CC MONOGRAM 3,022,708 December 6, 2005

which are registered in International Classes 18 and 25 are used in connection with manufacture and distribution of, among other things, high quality shoes, handbags and wallets (the ?Chanel Marks?). These Registrations constitute conclusive evidence of our client?s ownership of the Chanel Marks as well as Chanel?s exclusive right to use these marks. As a matter of law, these trademark Registrations are constructive notice to your company of Chanel?s rights in the marks.

It has come to Chanel?s attention that your company provides online marketplace services to www.finerbags.com, which is accessed through the URL http://digg.com/arts_culture/Replica_Handbags_Free_Gift. The website www.finerbags.com is using your website to promote its web based business which is offering for sale goods bearing counterfeits of the Chanel Marks. Furthermore, www.finerbags.com is using Chanel?s famous name and trademarks to divert traffic to the website in violation of federal, state, and common laws of deceptive trade practices, false advertising, unfair competition, and infringement. The location of the web pages displaying counterfeit Chanel goods offered for sale by the website www.finerbags.com are listed below.

The use of Digg Inc.?s online marketplace services by www.finerbags.com also violates your company?s Terms of Use, which states:

By way of example, and not as a limitation, you agree not to use the Services:

2. to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party;

3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
?
6. to violate any laws in your jurisdiction (including but not limited to copyright laws);
?
10. to advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;

Accordingly, Chanel requests your company cease providing online marketplace services to the user of the site that is accessed through the URL http://digg.com/arts_culture/Replica_Handbags_Free_Gift.

Chanel has a good-faith belief that the above-identified website?s use of the Chanel name and marks is not authorized by Chanel, its agents, or the law.

This request is made without waiver of any of Chanel?s rights or remedies, all of which are expressly reserved.

I declare under penalty of perjury that the foregoing is true and correct and that I am authorized to act on behalf of Chanel.

Very truly yours,

[private], P.A.

By: ___s/ [private]___
[private]

[private], Esq.
[private], P.A.
[private]
Ft. Lauderdale, FL 33316
Attorney for Chanel, Inc.

[private] - Phone
[private] - Facsimile
[private]@Chanel-legal.com

The counterfeit Chanel goods offered for sale by the website www.finerbags.com can be found at:

http://www.finerbags.com/Replica-Chanel.html
http://www.finerbags.com/Replica-handbags-Replica-Chanel-1.html
http://www.finerbags.com/Replica-handbags-Replica-Chanel-2.html
http://www.finerbags.com/Replica-handbags-Replica-Chanel-3.html
http://www.finerbags.com/Replica-handbags-Replica-Chanel-4.html
http://www.finerbags.com/Replica-handbags-Replica-Chanel-5.html
http://www.finerbags.com/Replica-handbags-Replica-Chanel-6.html
http://www.finerbags.com/Replica-handbags-Replica-Chanel-7.html
http://www.finerbags.com/Replica-handbags-Replica-Chanel-8.html
http://www.finerbags.com/Replica-handbags-Replica-Chanel-9.html
http://www.finerbags.com/Replica-handbags-Replica-Chanel-10.html
http://www.finerbags.com/Replica-handbags-Replica-Chanel-11.html
http://www.finerbags.com/Replica-handbags-Replica-Chanel-12.html
http://www.finerbags.com/Replica-handbags-Replica-Chanel-13.html
http://www.finerbags.com/Replica-handbags-Replica-Chanel-14.html
http://www.finerbags.com/Replica-handbags-Replica-Chanel-15.html
http://www.finerbags.com/Replica-handbags-Replica-Chanel-16.html
http://www.finerbags.com/Replica-handbags-Replica-Chanel-17.html
http://www.finerbags.com/Replica-handbags-Replica-Chanel-18.html
http://www.finerbags.com/Replica-handbags-Replica-Chanel-19.html
http://www.finerbags.com/Replica-handbags-Replica-Chanel-20.html
http://www.finerbags.com/Replica-handbags-Replica-Chanel-21.html
http://www.finerbags.com/Replica-handbags-Replica-Chanel-22.html
http://www.finerbags.com/Replica-handbags-Replica-Chanel-23.html
http://www.finerbags.com/Replica-handbags-Replica-Chanel-24.html
http://www.finerbags.com/Replica-handbags-Replica-Chanel-25.html
http://www.finerbags.com/Replica-handbags-Replica-Chanel-26.html
http://www.finerbags.com/Replica-handbags-Replica-Chanel-Quilted-1.html
http://www.finerbags.com/ReplicaShoes-Replica-Chanel-1.html
http://www.finerbags.com/Replica-Wallets-Replica-Chanel-1.html
http://www.finerbags.com/Replica-Wallets-Replica-Chanel-2.html
http://www.finerbags.com/Replica-Wallets-Replica-Chanel-3.html
http://www.finerbags.com/Replica-Wallets-Replica-Chanel-4.html
http://www.finerbags.com/Replica-Wallets-Replica-Chanel-5.html

______________________________________________________________
Sent via the WebMail system at chanel-legal.com

FAQ: Questions and Answers

[back to notice text]

Question: What are the limits on dilution?
Answer: The Federal Trademark Dilution Act of 1995 (FTDA, 15 U.S.C. 1125) prohibits the commercial use of a famous mark if such use causes dilution of the distinctive quality of the mark.
A mark may be diluted either by "tarnishment" or "blurring." Tarnishment occurs when someone uses a mark on inferior or unwholesome goods or services. For example a court found that a sexually explicit web site using the domain name "candyland.com" diluted by tarnishment the famous trademark "CANDY LAND" owned by Hasbro, Inc. for its board games.
Blurring occurs when a famous mark or a mark similar to it is used without permission on other goods and services. The unique and distinctive character of the famous mark to identify one source is weakened by the additional use even though it may not cause confusion to the consumer.
The following uses of a famous mark are specifically permitted under the Act:
1) Fair use in comparative advertising to identify the goods or services of the owner of the mark.
2) Noncommercial uses of a mark.
3) All forms of news reporting and news commentary.
In addition, the courts have differed as to what constitutes a "famous" mark under the FTDA. In some cases the courts have said that the famousness requirement limits the Act to a very small number of very widely known marks. Other courts, however, have accepted lesser-known marks as PANAVISION, WAWA and EBONY as being famous and yet others have said that merely being famous in one's product line is sufficient.
Many states also have antidilution laws protecting mark owners.

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Question: What can be protected as a trademark?
Answer: You can protect

names (such as company names, product names)

domain names if they label a product or service

images

symbols

logos

slogans or phrases

colors

product design

product packaging (known as trade dress)

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Question: What exactly are the rights a trademark owner has?
Answer: In the US, trademark rights come from actual use of the mark to label one's services or products or they come from filing an application with the Patent and Trademark Office (PTO) that states an intention to use the mark in future commerce. In most foreign countries, trademarks are valid only upon registration.
There are two trademark rights: the right to use (or authorize use) and the right to register.
The person who establishes priority rights in a mark gains the exclusive right to use it to label or identify their goods or services, and to authorize others to do so. According to the Lanham Act, determining who has priority rights in a mark involves establishing who was the first to use it to identify his/her goods.
The PTO determines who has the right to register the mark. Someone who registers a trademark with the intent to use it gains "constructive use" when he/she begins using it, which entitles him/her to nationwide priority in the mark. However, if two users claim ownership of the same mark (or similar marks) at the same time, and neither has registered it, a court must decide who has the right to the mark. The court can issue an injunction (a ruling that requires other people to stop using the mark) or award damages if people other than the owner use the trademark (infringement).
Trademark owners do not acquire the exclusive ownership of words. They only obtain the right to use the mark in commerce and to prevent competitors in the same line of goods or services from using a confusingly similar mark. The same word can therefore be trademarked by different producers to label different kinds of goods. Examples are Delta Airlines and Delta Faucets.
Owners of famous marks have broader rights to use their marks than do owners of less-well-known marks. They can prevent uses of their marks by others on goods that do not even compete with the famous product.

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Question: What are the benefits of federal trademark registration?
Answer: Federal registration of a trademark has several advantages including notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration.
Registration Provides the Following:
1. Constructive notice nationwide of the trademark owner's claim.
2. Evidence of ownership of the trademark.
3. Jurisdiction of federal courts may be invoked.
4. Registration can be used as a basis for obtaining registration in foreign countries.
5. Registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods.

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