LeBoeuf, Lamb, Greene & MacRae
LLP
A LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATION
125 West 55th Street
New York, NY 10019-5389
E-Mail Address: vpolak@llgm.com
February 17, 1999
VIA ELECTRONIC MAIL
Mr. Andrew Bednarz
bed@melbpc.org.au
re: Infringement of "Tetris" trademark, copyright and other rights
(http://www.geocities.com/Hollywood/2430/bedsoft.html)
Dear Mr. Bednarz:
I am writing regarding your above-referenced website and its infringement
of the trademark, copyright, and look and feel rights of The Tetris Company
L.L.C. ("The Tetris Company") and its licensor in and to the Tetris game.
It has recently come to our attention that you have rereleased your
Tetris-based game, simply changed the name of the game from "Bedtris" to
"Bedter" and continue to distribute the game and offer it for downloading
from the Internet.
The Tetris Company and its licensor have the exclusive right to the
copyright in the look and feel and trade dress of the Tetris game.
Accordingly, The Tetris Company and its licensor enforce these rights
against the unauthorized distribution of the Tetris game or any game that
is substantially similar to the Tetris game, whether or not such games are
offered under a trademark confusingly similar to "Tetris" (i.e., even if
the game is called "Bedter") and whether or not the games are sold or
offered for free.
You are distributing an unauthorized version of a Tetris-based game,
"Bedter." Your distribution of the Tetris-based game constitutes
infringement of the look and feel and trade dress of the Tetris game.
Accordingly, we demand that upon receipt of this letter, you cease and
desist from displaying, offering, or distributing any Tetris-based games,
including but not limited to "Bedter," including on the Internet, and
including but not limited to the above-referenced URL location and that you
acknowledge your agreement to cease and desist from such activities by
countersigning this letter in the space provided below and returning it to
this office with 10 days.
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,
/s/
Vivian Polak