jackel
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Joined: 31 May 2005
Posts: 62
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 Posted: Mon Jan 15, 2007 2:09 pm Post subject: Moduro USA ATV Greg Cook Infringing use of Jackel Marks |
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Greg Cook and Moduro USA ATV have no association with Jackel Motorsports
Greg Cook
c/o Moduro-USA, Inc.
801 Blacklawn Drive
Conyers, Georgia 30012
Re: Infringing use of Jackel Motorsports Marks
Dear Mr. Cook:
This law firm represents Jackel Motorsports ("Jackel"). It has recently come to our client's attention that Moduro-USA, Inc. ("Moduro") is using a Jackel trademark on its website. I am writing to demand that Moduro immediately cease and desist all use of any Jackel trademarks.
Specifically, our client has discovered that Moduro is using Jackel trademark in both the text and URL of the Moduro website found at moduro-usa.com/jackel-atv/index.html. Jackel has never authorized Moduro to use its trade marks in this or any other manner.
By virtue of its continuous and extensive use of its trade marks, Jackel has rights to the Jackel marks under Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(A). Many of these marks include "Jackel" as an element, including the one used on your website. This use entitles Jackel to the exclusive right to use the mark. Jackel also owns copyrights for the expressions appearing in its marks and advertising. These expressions are protected under the Copyright Act (17 U.S.C. § 501 et seq.).
Jackel has devoted substantial time, effort and expense into the development of good will under its mark. Similarly, Jackel has invested greatly into its copyrighted works. It is extremely important to our client that its good will and copyrights be preserved, and that there is no confusion in the market place as to the source, affiliations, or support of trades bearing any of Jackel's marks.
Jackel is concerned that your use of its trade marks in the advertisement of your business will be likely to cause confusion, mistake or deception of the public due to inappropriate and inaccurate sponsorship implications. Moreover, your use of Jackel's marks in such advertising exceeds the "fair use" to which you are entitled to reference the marks at law.
Your actions with regard to your broadcasts constitute unfair competition, trademark infringement and copyright infringement, at the very least. Additionally, your use will have the effect of diminishing or destroying the distinctiveness of Jackel's mark.
Jackel has never expressly or impliedly authorized or otherwise granted permission to you to use these intellectual property rights. Your actions and advertisements in this regard are in violation of both federal and state laws. Accordingly, we must demand that you immediately cease all unfair and inappropriate use of Jackel's trade marks on the URL, text, or metadata of your website or in any other materials, if any, or in any other uses by Moduro or any of its affiliated companies. Additionally, we demand that you cease making copies, derivative works, and defacements of Jackel's copyright works.
Under the provisions of federal law, the owner of a trade mark is entitled to various remedies for infringement of that mark. Among those remedies are injunctive relief, damages awards, costs and attorneys' fees. The Copyright Act at 17 U.S.C. § 501, and the Digital Millenium Copyright Act afford similar protections.
While it is our hope that this matter can be resolved amicably, Jackel will pursue all available legal remedies if it does not receive satisfactory assurances from you that your illegal use of Jackel's marks will cease. Among the remedies Jackel is prepared to pursue should not comply with the demands in this letter is a federal infringement lawsuit against Moduro in Houston, Texas.
We look forward to hearing from you or your counsel immediately upon receipt of this letter. |
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