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EPSTEIN BECKER & GREEN letter 2-12-01



EPSTEIN BECKER & GREEN, P.C.
ATTORNEYS AT LAW
1227 25TH STREET, N.W.
WASHINGTON, D.C. 20037-1156†
250 PARK AVENUE
NEW YORK, NEW YORK 10177-0077†
(212) 351-4500
_____

1875 CENTURY PARK EAST
LOS ANGELES, CALIFORNIA 90067 - 2501
(310) 556-8861
_____

ONE LANDMARK SQUARE
STAMFORD, CONNECTICUT 06901 - 2601†
(203) 348-3737
_____

2400 SOUTH DIXIE HIGHWAY, SUITE 100
MIAMI, FLORIDA 33133
(305) 856-1100
_____

(202) 861-0900
FAX: (202) 296-2882



February 12, 2001
2 EMBARCADERO
SAN FRANCISCO, CALIFORNIA 94111-5994
_____

12750 MERIT DRIVE
DALLAS, TEXAS 75351 - 1209†
(972) 490-3143
_____

ONE RIVERFRONT PLAZA
NEWARK, NEW JERSEY 07102-8401†
(973) 642-1900
_____

75 STATE STREET
BOSTON, MASSACHUSETTS 02109†
(617) 342-4000
_____

510 KING STREET, SUITE 301
ALEXANDRIA, VIRGINIA 22314-2123†
(703) 684-1204
† P.C. NEW YORK, WASHINGTON, D.C., NEW JERSEY
CONNECTICUT, VIRGINIA, MASSACHUSETTS AND TEXAS ONLY


CERTIFIED MAIL
RETURN RECEIPT REQUESTED


Patty Heffley
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 trade name.
Very truly yours,
EPSTEIN, BECKER & GREEN, P.C.


Tanya Vanderbilt



cc: Pacifica Foundation

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