MySpace, Inc. is a Delaware corporation (”MySpace”) that operates an online community under the federally registered trademark MYSPACE (Reg. No. 2,911,041).
It has come to our attention that you are operating a website under the domain name
www.MySpaceSwell.com. We are writing to demand an immediate halt to certain ongoing illegal activity.
You are illegally using the MYSPACE mark in your domain name and on your website. Your website offer visitors, among other things, MySpace support and discussion forums, codes, tutorials, and toolbars to allow MySpace members to personalize their member websites. MySpace has not authorized the creation of any of these features or the use of our federally registered trademark.
You are also illegally using the MySpace logo on your website.
Your activities violate various federal and state laws, including without limitation trademark and trade dress infringement and false designation of origin under the Lanham Act, 15 U.S.C. § 1051, et seq., and trademark dilution under the Federal Trademark Dilution Act of 1995, 15 U.S.C. § 1125(c).
By this letter, MySpace demands that you and any of your affiliates, officers, employees, agents, or other persons or entities acting in concert with you or at your direction, immediately cease and desist from the activities described above in connection with your website or other products or services. Without limiting the foregoing, we hereby demand that you remove the site
www.MySpaceSwell.com from the internet, cease using the name “MySpaceSwell”, and relinquish and transfer the
www.MySpaceSwell.com domains to MySpace.
Your activities are causing and will continue to cause MySpace substantial and irreparable harm. You will be liable for the damages suffered by MySpace, and will be subject to penalties, fines and even criminal imprisonment.
If you have any questions, we can be reached at
[email protected] or the below-referenced address. MySpace expects you to comply with this demand as soon as possible, but in no event later than five (5) business days after the date of this letter. Please contact us immediately regarding the mechanics of transferring the
www.MySpaceSwell.com domains to MySpace.
This letter is not a complete recitation of all the claims, issues or facts related to this matter. This letter should not be construed as a waiver of any rights by MySpace, including, without limitation, the right to seek monetary damages, equitable relief, and attorneys fees, all of which are expressly reserved.
Very truly yours,
MySpace, Inc.
Legal Department
