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May 19, 1997
Re: Consequences of the Misuse of the Trademark: "LIES" Dear Mr. Callender: We have thoroughly reviewed your letter of April 27, 1997, as well as your other correspondence, and have decided upon a course of action, which depends upon your response to this letter. We assert that we have provided you with sufficient information with which to conclude that you have violated, and are violating, the rights of Creative Think Tank, Inc. (hereinafter "CTT") in the trademark "LIES." In your previous letters, you have chosen to challenge our factual assertions and to argue issues of fact (i.e., likelihood of confusion), rather than seek to resolve this matter. In our view, there are only three facts, each indisputable, that are pertinent at this time:
Therefore, your use of "LIES" is clearly subsequent to CTT's constructive use beginning on March 26, 1995. It is our contention that such use violates CTT's rights in the trademark "LIES." We intend to enforce these rights. You and we can debate factual issues interminably. Ultimately, it will be for the court to decide them. We are confident that these issues will be resolved to CTT's advantage and that a court judgement will be in CTT's favor. Consequently, if you wish to forestall this course of action, please contact us immediately indicating: i) your intent to completely cease and desist from utilizing the terminology, trademark, and/or designation "LIES"; ii) your intent to withdraw your registration of the domain name "www.lies.com"; and iii) your intent to relinquish any rights in said domain name to Network Solutions, Inc. or CTT. Very truly yours, FAY, SHARPE, BEALL, FAGAN, MINNICH & McKEE
Richard M. Klein
RMK/cmc
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