--- 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 ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. ------------------------------------------------------------------------- To subscribe to Politech: http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ Declan McCullagh's photographs are at http://www.mccullagh.org/ Like Politech? Make a donation here: http://www.politechbot.com/donate/ -------------------------------------------------------------------------
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