EPSTEIN BECKER & GREEN, P.C.
ATTORNEYS AT LAW
1227 25TH STREET, N.W.
WASHINGTON, D.C. 20037-1156
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RETURN RECEIPT REQUESTED
WBAI Listener Network
511 West 20th St., #4
New York, NY 10011
Re: Unlawful use of the WBAI Trademark
Dear Patty Heffley:
We are counsel for Pacifica Foundation, owner of the trademark and trade name,
"WBAI." Use of this mark by our client dates back many years.
It just has come to our client's attention that you have registered the "WBAI.net"
domain name with the InterNIC organization through Network Solutions, and that you are
maintaining a Web site with that domain name. Such domain name registration, and use
thereof, constitutes blatant trademark infringement, unfair competition, dilution, and other
causes of action under state and federal law. In addition, your domain name registration
and Web site use restricts our client from conducting business on the Internet under its
own name, is likely to cause confusion, and dilutes the distinctive quality of our client's
famous marks, among other wrongs. Recent court decisions have made clear that the
manner in which you have registered "WBAI.net" and misappropriated our client's
trademarks constitutes a clear violation of our client's rights.
Accordingly, on behalf of our client, we hereby demand that you immediately cease
all use of any domain name, on or in connection with your Web sites, or otherwise, that
infringes our client's trademark rights; effect transfer of the domain name to our client by
completing the appropriate template of Network Solutions; and that you relinquish all rights
to the domain name.
In the absence of your response in accordance with the foregoing by February 19,
2001, appropriate action will be taken against you to enjoin your use of the domain name
and retrieve the domain name from you. We will also consider seeking temporary,
preliminary and permanent injunctive relief, as well as damages for the harm suffered and
which continues to be suffered by our client, together with attorney fees because of the
wrongful deprivation caused by your illegal use of our client's registered trademark and
|Very truly yours,
EPSTEIN, BECKER & GREEN, P.C.
cc: Pacifica Foundation