September
17, 2002
VIA
EXPRESS MAIL & EMAIL
My Address Hidden Here
Emails
:
Re:
Unauthorized Use of “blockbustervideo.org”
Dear
Sir:
I
am writing on behalf of my client, Blockbuster Inc. (“Blockbuster”) which is
a publicly traded subsidiary of Viacom Inc., and is the world's leading renter
of videos, DVDs and video games, and retailer and entertainment company, with
more than 8,000 stores throughout the Americas, Europe, Asia and Australia.
Blockbuster
is the owner of numerous trademark registrations and applications for its marks
including BLOCKBUSTER®, BLOCKBUSTER & Design, and the Torn Ticket Design,
as well as its related “family” of marks (collectively the “Marks”).
These Marks have been afforded trademark protection worldwide and in the
United States under U.S. Registration Numbers 1491589, 1601598, 1607738,
1607739, 1618072, 1802394, 1771243, 1868690, and 1868774, amongst others. As you
no doubt know, these Marks are recognized by members of the public as signifying
the services and entertainment-related products provided by Blockbuster
worldwide. The outstanding
reputation and goodwill associated with the Marks are of inestimable value to
Blockbuster.
I
acknowledge receipt of the email from 4sale@blockbustervideo.org
dated September 6, 2002 and addressed to both mallory.levitt@viacom.com
and sidelle.illion@blockbuster.com
advising that the domain name www.blockbustervideo.org, which was registered on
September 5, 2002 is for sale.
Your
registration of www.blockbustervideo.org
and offering the domain name for sale to the owner of the famous Marks strongly
suggests bad faith, and is likely to constitute dilution under applicable laws
and a violation of the Anticybersquatting
Consumer Protection Act, which provides additional claims and remedies.
Without
prejudice to any claims Blockbuster may make about your use and registration of
its Marks, we are willing to consider purchase of the domain name www.blockbustervideo.org
in exchange for reimbursement of the registration fees you expended to obtain
the registration.
Nothing
in this letter shall be construed as a waiver or relinquishment of any right or
remedy possessed by Blockbuster or any other affected party, all of which are
expressly reserved.
Very
truly yours,
Rebecca
Borden, VP Counsel
Viacom
International Inc.
1515
Broadway
New
York, NY 10036
Telephone
(212) 846-6335
Fax
(212) 258-6193
cc:
Sidelle Illion