VIA FEDERAL EXPRESS
Rogelio Reyes <rreyes@brandinst.com>
Irational Gallery Ltd
109 Corbyn Street
London
N4 3BX
United Kingdom
Dear Sir or Madam:
Your company is listed as the owner of the Internet domain name "irational.org". You have illegally reproduced the website of Brand Institute on your Internet website at HTTP://irational.org/tm/pdf/brand.html. The Brand Institute web site is protected against unauthorized copying by United States and International Copyright law. Your web site's unauthorized use of the BRANDPOLL(tm) name is a deliberate attempt to confuse Internet users seeking information about Brand Institute on the Internet. As such, your acts infringe upon Brand Institute's trademark rights.
Anyone viewing the offending web site is likely to be misled into thinking that your web site is supported or otherwise associated with Brand Institute. Brand Institute clearly does not support or sanction your company's use of Brand Institute intellectual property by any means. Brand Institute has extensively marketed and promoted its market research services under the mark BRANDPOLL(tm). The inevitable confusion that will arise when members of the public inadvertently visit the offending web site is a cause of great concern for Brand Institute. Brand Institute believes this confusion will likely result in substantial damage to Brand Institute's reputation and goodwill. Because the mark BRANDPOLL(tm) represents a very valuable asset to Brand Institute, Brand Institute is prepared to undertake all reasonable steps to ensure its protection.
We have previously contacted you regarding your unauthorized activity. Your company's continued unauthorized use of the BRANDPOLL(tm) name constitutes a willful act. As a result, you may be liable for monetary damages and legal costs.
Your reproduction of the Brand Institute web site is a willful and knowing violation of Brand Institute's rights under United States and International Copyright law. The continued unauthorized reproduction of Brand Institute's copyright works constitutes copyright infringement. Brand Institute would be entitled to take action seeking an injunction and monetary damages.
We demand that you take the following actions by April 23, 2001:
1) Immediately remove all illegally reproduced Brand Institute web pages;
2) Immediately remove all references to BRANDPOLL(tm) and Brand Institute;
3) Immediately contact the Internet Search Engine Google and request the removal of the URL HTTP://irational.org/tm/pdf/brand.html and any other offending web pages your company has illegally created from their index and uncached. In doing so, you must cooperate fully with the requirements outlined at HTTP://www.google.com/remove.html;
4) Immediately contact the Internet Search Engine Lycos and request the removal of the URL HTTP://irational.org/tm/pdf/brand.html and any other offending web pages your company has illegally created from their index and uncached;
5) Refrain from all future unauthorized and illegal use of Brand Institute intellectual property.
We expect your full cooperation with Brand Institute to resolve these issues and any future issues that may arise from your unauthorized and illegal use of Brand Institute intellectual property. If you fail to return the enclosed Letter of Undertaking by April 23, 2001, Brand Institute will have no choice but to seek prompt judicial relief to protect its rights and halt your continued misuse and misappropriation of Brand Institute's intellectual property.
PLEASE GOVERN YOURSELF ACCORDINGLY.
Very truly yours,
Rogelio A. Reyes, Esq.
Corporate Counsel
Brand Institute, Inc.