| Cease & Desist |
| From: "KMWLAW" -KMWLAW@flash.net- To: -anonymous@anonymous.com- Sent: Friday, January 14, 2000 1:07 PM Subject: UNAUTHORIZED USE OF TWENTIETH CENTURY FOX PROPERTIES January 14, 1999 VIA CERTIFIED AND ELECTRONIC MAIL Re: UNAUTHORIZED USE OF TWENTIETH CENTURY FOX Dear Ms./Mr. [Name]: We are writing to you on behalf of our client, Twentieth Century Fox Film Corporation (hereinafter "Fox"). Fox is the exclusive owner of all copyright, trademark and other intellectual property rights in and to the famous "Buffy The Vampire Slayer" television series (hereinafter the "Buffy Copyrights and Trademarks"). No one is authorized to reproduce, transmit, copy or otherwise utilize the Buffy Copyrights and Trademarks without the express written permission of Fox. Fox has dedicated tremendous time and resources to the creation of quality entertainment programming such as "Buffy The Vampire Slayer" and greatly values the comments and suggestions of fans who enjoy Fox's programs. However, the development and distribution of Fox's programs require a collaboration with many different entities, including guild organizations representing actors, directors and writers, as well as local, national and international television stations and cable and satellite programming services. Based in part on these relationships, Fox has a legal responsibility, including many contractual obligations (i.e. with Dark Horse Comics, the licensor of the Buffy Copyrights and Trademarks for comics), to prevent the unauthorized distribution of its proprietary material. We recently discovered that your web site previously located at contains unauthorized derivative works of the Buffy Copyrights and Trademarks in the form of wallpaper, screensavers, desktop themes, fonts, and skins, as well as hundreds of images, and audio and video clips. In addition, we note that your web site previously contained unlicensed merchandise and entire episodes from the "Buffy the Vampire Slayer" television series. Fox tries to support its fans whenever possible. However, after reviewing your web site, we must request that you remove all wallpaper, screensavers, desktop themes, fonts, skins, audio and video clips and the image galleries relating to "Buffy The Vampire Slayer" from your web site as soon as possible. In addition, we ask that you refrain from posting unlicensed merchandise and/or entire episodes from the "Buffy the Vampire Slayer" television series on your web site. You are hereby put on notice that the unauthorized use of Fox's proprietary material, as well as the reproduction, sale and/or distribution by you of such unauthorized and/or derivative materials (including providing such items for free on the Internet) constitutes copyright infringement and trademark infringement, and potentially subjects you to both civil and criminal sanctions. In addition, we note that your site contains "Buffy The Vampire Slayer" stationary-frame images on other pages of the web site besides the image galleries. We must inform you that the unauthorized display and distribution of such images constitutes a copyright violation. While we are not asking you to delete these images at this time, we must nonetheless request that you revise your legal notice and disclaimer and prominently display the following on every page of your site exhibiting any "Buffy The Vampire Slayer" images: 1. Legal Notice "Buffy The Vampire Slayer" TM and © (or copyright) Fox and its related entities. All rights reserved. Any reproduction, duplication or distribution of these materials in any form is expressly prohibited."; and 2. Disclaimer "This web site, its operators and any content on this site relating to "Buffy The Vampire Slayer" are not authorized by Fox." We also request that you remove all commercial advertisements from any page of your site exhibiting "Buffy The Vampire Slayer" images. Your usage of the Buffy Copyrights and Trademarks, in combination with these commercial advertisements, constitutes "passing off," which will lead consumers to believe that Fox is authorizing and/or endorsing your web site and the products, services and material advertised on your web site. Finally, we request that you please remove any and all links to other sites containing infringing "Buffy the Vampire Slayer" material. You are hereby put on notice that liability for contributory copyright infringement can emanate from your providing such links. While we expect that you will want to accede to our requests, please understand that if you do not remove these infringing materials without delay, we will be forced to recommend to Fox that it take appropriate legal action against you to have them removed. Thank you for your cooperation in this regard. Your interest in "Buffy The Vampire Slayer" is most appreciated. Fox will continue to do its best to bring you quality entertainment. Nothing contained in this letter constitutes an express or implied waiver of any rights, remedies or defenses of Fox, all of which are expressly reserved. Very truly yours, /s/ Dennis L. Wilson Keats, McFarland & Wilson, LLP DLW:hra cc: Twentieth Century Fox Film Corporation Dark Horse Comics |