LeBoeuf, Lamb, Greene & MacRae L.L.P.
A Limited Liability Partnership Including Professional Corporations
125 West 55th street
New York, NY 10019-5389
facsimile: (212) 424-8500
writer*s direct dial:
E-Mail Address: email@example.com
December 24, 1997
VIA ELECTRONIC MAIL: firstname.lastname@example.org
Mr. Andrew James Bernarz
re: Infringement of Tetris game rights
Dear Mr. Bernarz:
This firm represents The Tetris Company, L.L.C. ("The Tetris Company"),
the exclusive licensee of common law and registered trademark rights in the
"Tetris" mark for use in connection with a variety of goods including, but
not limited to, computer game software, and electronic game programs and
the licensee of copyright, look and feel and trade dress rights in and to
the Tetris game.
It has recently come to our attention that you, (a.k.a. *Bed*), are
using the mark *BedTris: an exciting Russian drop game variation*
(*BedTris*) in connection with goods including, but not limited to,
computer game software, and electronic game programs. It has also come to
our attention that you are offering for downloading a version of BedTris.
Under United States federal and state trademark law, your creation,
maintenance, and distribution of the confusingly similar game BedTris and
your use of the confusingly similar mark *BedTris* are misleading to the
consuming public, are likely to cause confusion, and constitute a
misappropriation of customer goodwill developed and paid for by The Tetris
Company and its licensor, all in violation of federal and state law. In
addition, each copy of the game constitutes an infringement of The Tetris
Company's and its licensor's rights in its game. The Tetris Company and
its licensor have suffered and will continue to suffer damage as a result
of your unauthorized infringement of their rights in the Tetris game and
trademark. Your continued use and infringement of the rights in the Tetris
game (and versions thereof) constitute willful infringement subject to
statutory and treble damages.
Accordingly, we demand that upon receipt of this letter, you cease and
desist from maintaining the *BedTris* game anywhere on the Internet,
including, but not limited to, the above referenced URL locations. We
further demand that this letter be countersigned by you or other
appropriate officer, in the space provided below and returned to this
office within 10 days. Such a signature will indicate your agreement to:
1. Cease and desist from distributing the *BedTris* game, and any other
Tetris-based games, and from using the "BedTris" mark, and any other marks
confusingly similar to the "Tetris" trademark or rights in the Tetris game
in any manner, including but not limited to, computer game software and
electronic game programs.
2. Conduct an accurate inventory of software or merchandise that has
been sold in connection with the *BedTris* mark, the *BedTris* or *Tetris*
game (or any versions thereof), the "Tetris" mark, or any confusingly
similar marks on your Internet sites.
3. Deliver to this office a statement indicating (a) the gross United
States dollar figures for such items sold by you; (b) the time period
during which such sales were made; and (c) the names and addresses to which
such sales were made.
This letter is without prejudice to all further rights of The Tetris
Company or its licensor, including, but not limited to, rights to
injunctive relief, profits, damages, royalties, and attorney's fees.
Very truly yours,
Vivian L. Polak /s
Mr. Andrew James Bernarz
Title: _______________________________ (if applicable)