Robert Novak v. APD List Members
(PetsWarehouse Lawsuit)
DEMAND LETTER TO THEKRIB.COM
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Robert Novak March 18, 2002 To THEKRIB.COM I am the owner of the common-law Trademark Petswarehouse; the trademark has been used in commerce since 1974. A registration has been applied for with the US Patent office. I am directing this letter to you because I am unaware that you have engaged legal counsel with respect to this matter. We understand that you are the creator of and the contact for the thekrib.com website. It has come to our attention that thekrib.com is currently infringing our trademarks and copyrights in the use of the "Pets Warehouse" Mark. Robert Novak has not granted permission to thekrib.com to use this Mark. Use of the PetsWarehouse Mark infringes, tarnishes and dilutes Pets Warehouse trademark in violation of the Lanham Act as well as state and common law. In particular, usage of the Mark will undoubtedly cause confusion by suggesting an association or connection between your website and Petswarehouse.com. Moreover, because Robert Novak has made considerable efforts to establish the goodwill of its inherently distinctive trademark and because the trademark is well-known, your use of the Mark constitutes unlawful misappropriation of Pets Warehouse trademark and goodwill. Additionally, thekrib.com has included a link to a derogatory hate website Petforum.com which has similarly infringing materials. The high degree of trademark copyright infringement present in thekrib.com raises a strong inference of willful infringement and trade disparagement. The relief available against thekrib.com and others responsible for the misuse of trademark would include recovery of actuaI damages, statutory damages, profits, attorney's fees, and/or costs. The Lanham Act provides numerous remedies for trademark infringement and dilution. Accordingly, I hereby demand that " thekrib.com " and its employees and agents immediately cease and desist all unauthorized use of PetsWarehouse Mark in its website and cease and desist with the use of the PetsWarehouse name and all other confusingly similar or dilutive names. I require your written confirmation no later than March 30, 2002 that thekrib.com has halted the use of the infringing Mark, and that it will not adopt or assist in the adoption of any other confusingly similar, trade disparaging or dilutive names or marks. If you fail to comply with these demands by March 30, 2000*, we will have no choice but to take all necessary legal action against "thekrib.com" and its employees and agents in order to compel cessation of the illegal activities. This letter does not purport to be a complete statem¢nt of the law or facts, and is without prejudice to Robert Novak's legal and equitable rights, which are expressly reserved. Please feel free to contact me if you have any questions regarding this matter. Very truly yours Robert Novak *date is listed as in the original letter. |
For more information about any aspect of this lawsuit, please contact:
John R. Benn, 104 West Third Street, Sheffield, AL 35660
Phone: 256-386-7685 or 256-366-4177 | FAX: 256-386-7615
Email: jbenn@jblaw.org