From: ilod ilod@worldnet.att.net
To: Webmaster@isnnetwork.com
Subject: Important
Jeffrey K. Joyner, Esq.
BAKER & HOSTETLER LLP
9150 Wilshire Blvd., Suite 205
Beverly Hills, CA 90212-3411
(310) 385-7500
Fax (310) 385-7520
September 10, 1998
VIA ELECTRONIC MAIL
ISN Network
Webmaster@isnnetwork.com
Re: UNAUTHORIZED USE OF BABYLON 5 PROPERTIES
Dear Sir or Madam:
This letter is being written and delivered to you on behalf of Warner Bros., a division of Time Warner Entertainment Company, L.P., and Babylonian Productions (hereinafter collectively referred to as "Warner"). Warner is the exclusive owner of all rights to the world famous BABYLON 5 television series and characters, and related copyrights, trademarks, and indicia of origin (hereinafter referred to as the "BABYLON 5 Copyrights and Trademarks"). Because of the foregoing rights, no one is authorized to reproduce, advertise, distribute or transmit any material utilizing the BABYLON 5 Copyrights and Trademarks without the express written permission of Warner.
Notwithstanding this, Warner has learned that you and your company are uploading video clips of episodes from the Babylon 5 television series to the Internet as .mov files. The video clips from the episodes that you are distributing on your web site (http://www.isnnetwork.com/ vidsArchive/vidclips.html) contain designs, characters, personalities, sound recordings and scripts that you have copied and reproduced from the BABYLON 5 Copyrights and Trademarks in violation of federal and state law. The reproduction of the BABYLON 5 Copyrights and Trademark constitutes copyright infringement. Your use of the BABYLON 5 Copyrights and Trademarks also constitutes trademark infringement and unfair competition in that those viewing the web site containing the video clips you uploaded will erroneously believe that the web site is licensed, sponsored or authorized by Warner. In addition, your infringing video clips will dilute the distinctiveness of the BABYLON 5 trademarks by trading upon the goodwill and reputation which the public associates with these trademarks. Further, your acts of unfair competition substantially interfere with the merchandising and licensing of the BABYLON 5 Copyrights and Trademarks.
In light of your infringing conduct, Warner hereby demands that you and all those who have acted in concert with you, immediately cease any copying, transmission or other utilization of any of its protected intellectual property, including any use of the BABYLON 5 Copyrights and Trademarks. In this regard, Warner also requires that you immediately delete from the above mentioned web site and any other sites operated by you (including any local, regional or national bulletin board) all material containing the aforesaid BABYLON 5 Copyrights and Trademarks. Should you not agree to do so by September 14, 1998, Warner expressly reserves all of its rights to file a lawsuit against you to obtain both money damages for all past acts of infringement and an injunction to prevent any future infringement.
Nothing in this letter shall be construed as a waiver or relinquishment of any right or remedy possessed by Warner or any other affected party, all of which are expressly reserved.
Very truly yours,
/s/
Jeffrey K. Joyner
for BAKER & HOSTETLER LLP