FC: MPAA reportedly nastygrams RatedNC-17.com over trademark claim

From: Declan McCullagh (declanat_private)
Date: Wed Jun 04 2003 - 22:56:15 PDT

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    From: "Steev" <steevat_private>
    To: <declanat_private>
    Subject: FW: Violation of MPAA Trademark Rights
    Date: Wed, 4 Jun 2003 20:40:10 -0400
    
      declan, I have been a loyal reader of politech for quite a while now, and
    was hoping you or someone on the list could help me out, a friend of mine
    received this email, there was nothing in the email, just the document that
    is attached, my friend thought it was spam or a virus attempt at first, but
    finally virus checked the document before reading it.  The text is as
    follows:
    
    MOTION PICTURE ASSOCIATION OF AMERICA, INC.
    15503 Ventura Boulevard
    Encino, CA 91436
    
    		
    BARBARA ROSENFELD		TELEPHONE:  (818) 382-1717
    VICE PRESIDENT AND SENIOR COUNSEL		FAX:  (818) 382-1786
    		E-MAIL:  Barbara_Rosenfeldat_private
    		
    		
    		June 4, 2003
    
    Via Email:  nc-17@ratednc-17.com
    
    Mr. Laurence Skegg
    Ter Wadding 18
    Voorshcoten 2253LW
    Netherlands
    	
    RE:	Violation of MPAA Trademark Rights
    	- "RatedNC-17.com" Website Registration
    
    Dear Mr. Skegg:
    
    	As you may know, the Motion Picture Association of America, Inc.
    ("MPAA") has administered its well-known system for rating motion pictures
    for over thirty years.  MPAA owns all trademark rights in the rating symbols
    and designations with that system.  As you must be aware, one of the rating
    designations in the system is NC-17.
    
    	MPAA owns Federal certification mark registrations for the NC-17
    designation.  Specifically, MPAA owns U.S. Trademark Registration No.
    1,661,271 for its certification mark NC-17, which registration is in full
    force and effect and is incontestable.  The certification mark NC-17 is
    widely known and famous throughout the United States as designating motion
    pictures rated by MPAA.
    
    	It has come to our attention that you have registered the domain
    name "RatedNC-17.com."  This domain name inherently refers to the MPAA
    rating designations.  There appears to be no good faith reason for you to
    have registered this domain name, since you have no connection to the MPAA
    or its motion picture rating system.
    
    	If you have registered the domain name in bad faith, your actions
    may subject you to the loss of your domain name as well as to civil
    penalties of up to $100,000 under the recently adopted Anticybersquatting
    Consumer Protection Act of 1999, 15 U.S.C. ? 1125(d).  If you actually
    operate a website which offers any goods, services, or information, your
    actions will constitute trademark infringement and/or dilution under the
    Trademark Act of 1946, 15 U.S.C. ? 1051 et. seq.
    
    	We therefore ask for your prompt assurance, in writing, that (1) you
    will not publish, distribute, transmit or disseminate in any way any
    information, goods, or services under the name "RatedNC-17.com," or any
    other name confusingly similar thereto; and (2) you will either delete the
    domain name "RatedNC-17.com" from the domain name registry or immediately
    transfer the name to MPAA.  If we can have your agreement on these points,
    MPAA will be willing to consider this matter closed.
    
    	If we do not have your agreement, we will commence an action against
    you either under the new ICANN dispute resolution procedures, or as a civil
    action in United States District Court, seeking injunctive relief, damages,
    and an award of our attorneys' fees.
    
    	Please let us hear from you by no later than June 18, 2003.  The
    MPAA reserves the right to commence legal proceedings without further
    notice.
    
    								Sincerely,
    
    
    
    								Barbara
    Rosenfeld
    
    cc:	Andy Baum, Esq.
    	Simon Barsky, Esq.
    
    
    
    Bcc: Milissa Brockish
    
    
    My friend actually lives in the UK now, and not the netherlands, and uses
    the site for a weblog and to release themes he has written for the linux wm
    blackbox.  He doesn't quite understand why this email has been sent, and has
    searched the net, and pointed me to ratedr.com which is another website with
    a weblog as well.
    
    
    What, if anything are his options?  Obviously, he does not have bad faith in
    registering the domain, but he doesn't know how to proceed from here.  My
    interest is simply because I am starting pre-law in the fall, in the hopes
    of becoming a lawyer someday.
    
    
    -- steev
    
    http://steev.net
    PGP Key ID: 0xAA929643
    
    -----Original Message-----
    From: NC-17 [mailto:nc-17@ratednc-17.com]
    Sent: Wednesday, June 04, 2003 8:30 PM
    To: steevat_private
    
    
    
    -----Original Message-----
    From: Barbara_Rosenfeldat_private [mailto:Barbara_Rosenfeldat_private]
    Sent: 05 June 2003 00:19
    To: nc-17@ratednc-17.com
    Subject: Violation of MPAA Trademark Rights
    
    
    
    
    
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