FC: Godzilla movie owner nastygrams "Davezilla.com" humor site

From: Declan McCullagh (declanat_private)
Date: Mon Aug 12 2002 - 13:58:06 PDT

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    Date: Mon, 12 Aug 2002 14:05:12 -0400
    From: Dave Linabury <davelat_private>
    To: <declanat_private>
    
    This is just silly Declan. I am being legally threatened over the name of my
    weblog. Davezilla.com, a parody/humor site run by me since 1995, is being
    threatened by Toho Co. Ltd., for being too similar to Godzilla [they own all
    Godzilla movies, toys, etc.].
    
    The letter I received via Fed Express from their lawyers on Saturday is on
    my site here: http://www.davezilla.com/index.php?p=1292
    
    I have also added a text copy at the bottom of this email, if you're
    interested. The silly thing is, it reads like a form letter and it's quite
    obvious they've never visited my site. I have no mentions [until posting
    their letter] or images of Godzilla anywhere on my site. Google has 29,000
    links to my site but no Godzilla on there.
    
    
    Color me gone,
    Davezilla
    ----------------------------------
    davelat_private
    http://www.davezilla.com/
    http://www.antibloggies.com/
    http://www.davezilla.com/fucked/
    http://homepage.mac.com/davezilla/
    ----------------------------------
    
    
    ORIGINAL LETTER:
    
    
    re: DAVEZILLA.COM
    Dear Mr. Linabury:
    
    We represent Toho Co., Ltd ("Toho") in intellectual property matters. Toho
    is the owner of all rights in and to the trademark and service mark GODZILLA
    and the GODZILLA characters. In addition, the name "GODZILLA" and the
    likeness of Toho's GODZILLA character are federally registered trademarks
    belonging to Toho. Copies of Toho's U.S. Registrations for GODZILLA and the
    GODZILLA character image are enclosed.
    
    [Omitted long, dull paragraph about the history of Toho...]
    
    It has come to our attention that you have incorporated the "ZILLA" portion
    of our client's GODZILLA marks in the name of your "DAVEZILLA.COM" domain
    name, and that you have included a "reptile-like" character as well as a
    "monster-like" character, which you refer to as "GODZILLA", on your website
    accessible through "DAVEZILLA.COM." Please be advised that your use of the
    GODZILLA mark constitutes a trademark infringement and confuses consumers
    and the public into believing that your "GODZILLA" character originates from
    Toho, which it does not. Moreover, your use of the "ZILLA" formative along
    with imagery associated with GODZILLA is likely to cause the users of your
    site to believe that the "DAVEZILLA.COM" website is either associated with,
    authorized by, or sponsored by our client, and demonstrates an attempt by
    you to trade on the goodwill built up by our client. As such, we request
    that you remove the objectionable imagery and reference to GODZILLA from
    your website to eliminate any likelihood of confusion and possibility of an
    inaccurate affiliation with Toho and GODZILLA.
    
    We look forward to receiving your prompt reply, with a statement of your
    intentions, no later than August 16, 2002. Thank you for your anticipated
    cooperation.
    
    Very truly yours,
    
    SEYFARTH SHAW
    
    Jill A. Jacobs
    
    
    
    
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