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March 26, 1997
Re: Trademark Infringement Investigation Dear Mr. Callender: We represent Creative Think Tank, Inc. (hereafter referred to as CTT) with respect to trademark and copyright matters. Since at least 1994, CTT has been in the business of creating and disseminating parody publications under the trademark designation "LIES". Within this period of time, "LIES" has obtained recognition in the trade as denoting parody publications that originated with and/or was sponsored by CTT. Notwithstanding the above, we have now learned that you have adopted and are using the trademark "LIES" for goods and services very similar to CTT's parody publications. Furthermore, it has come to our attention that you are utilizing the term "LIES" under the home page address "www.lies.com". Such usage violates CTT's common law trademark rights for the term "LIES" with respect to parody publications. Furthermore, kindly note also that the U.S. Trademark Office has indicated the CTT's trademark application for the term "LIES" for parody publications is in condition for allowance. This application will issue in the near future giving our client the exclusive right to use the mark "LIES" for parady publications throughout the United States. In view of the above information, our client CTT now demands that you completely cease and desist from utilizing the terminology, trademark and or designation "LIES". Any continued acts on your part using the designation "LIES" for parody publications will be construed as acts of willful and intentional trademark infringement. We believe that you will understand the reasons for our cleint's concerns, and we are hopeful that we may count on your cooperation for protecting the continued integrity of CTT's intellectual property rights. Therefore, we ask that you (or your attorneys) contact us in writing as soon as possible to confirm your intentions in this matter. Very truly yours, FAY, SHARPE, BEALL, FAGAN, MINNICH & McKEE
Richard M. Klein
RMK/cmc |