Subj: Unauthorized Use of Mark AOL

Date: 4/14/99 1:04:11 PM

Eastern Daylight Time

From: [email protected] (Jim Davis)

To: [email protected]


Mr. Matt Roberts 511 Avenue of the Americas New York, NY 10011

RE: Unauthorized Use of the Mark AOL

Dear Mr. Roberts: We represent America Online, Inc., with respect to its intellectual property matters. Our client is the owner of U.S. trademark registration No. 1,977,731 for the mark AOL. Our client has made extensive use of the mark AOL in connection with the advertising, promotion, and sale of its Internet and computer-related goods and services. Due to our client*s widespread use, advertising, and extensive marketing, the mark AOL has become very famous and many of our client*s customers and prospective customers recognize the mark as a distinctive symbol of our client*s goodwill. Our client also uses the mark AOL.COM in connection with providing information via computer networks. As a result, consumers associate the mark AOL, when used in a domain name, with our client*s high quality products and services. It has come to our attention that you have registered and are making use of the domain name ** Any unauthorized use of our client*s mark AOL is likely to confuse consumers into believing falsely that our client endorses or is affiliated with your goods or services. In addition, your use dilutes the distinctive qualities of our client*s famous mark, in violation of Section 43(c) of the federal Lanham Act. Accordingly, we must insist that you immediately stop using the domain name *,* as well as any other domain names containing our client*s marks or marks confusingly similar to them. In addition, we request that you transfer the domain name to America Online, Inc. To facilitate the transfer, we will gladly forward you the necessary Registrant Name Change Agreement. The laws of the United States provide for the imposition of severe penalties against those who commit acts of unfair competition and who make unauthorized use of the trademarks and service marks of others. Among other things, the courts may require a defendant to pay for all damages caused by the infringement, all profits derived from the unauthorized use of the plaintiff*s mark, court costs, and attorney fees. The courts also have the authority to increase the amount of these damage awards. We trust you will understand the serious nature of this matter; therefore, we ask that you respond to this letter by no later than APRIL 20, 1999. While we prefer to resolve this matter amicably, we will have no alternative but to pursue all of the remedies afforded by law if we do not hear from you promptly.

Cordially, James R. Davis, II

cc: Douglas R. Bush

----------------------- Headers -------------------------------- Return-Path: Received: from ( []) by (v59.4) with SMTP; Wed, 14 Apr 1999 13:04:11 -0400 Received: from ( []) by (8.8.8/8.8.5/AOL-4.0.0) with ESMTP id NAA01244 for ; Wed, 14 Apr 1999 13:04:11 -0400 (EDT) Received: from ( []) by (8.9.1/8.9.1) with SMTP id NAA09638 for ; Wed, 14 Apr 1999 13:05:51 -0400 Received: from AFDOMAIN-Message_Server by with Novell_GroupWise; Wed, 14 Apr 1999 13:06:25 -0400 Message-Id: X-Mailer: Novell GroupWise 4.1 Date: Wed, 14 Apr 1999 13:06:12 -0400 From: Jim Davis To: [email protected] Subject: Unauthorized Use of Mark AOL Mime-Version: 1.0 Content-Type: text/plain; charset=ISO-8859-1 Content-Transfer-Encoding: quoted-printable Content-Disposition: inline