Stokes Lawrence, P.S.
800 Fifth Avenue suite 4000
Seattle, Washington 98104-3179
Telephone: (206) 626-6000 Facsimile: (206) 464-1496
Email: [email protected]
October 17, 2000
VIA CERTIFIED MAIL/
RETURN RECEIPT REQUESTED
Ace-Computers/Advanced Computer Engineering
P.O. Box 122
Harrington, WA 99134
Re: <washingtonceasefire.net> <handguncontrol.net> and <cphv.net>
Dear Mr. Alumbaugh:
We represent Washington Ceasefire ("WCF") and Handgun Control, Inc. ("HCI")/Center to Prevent Handgun Violence ("CPHV"). The records of Network Solutions, Inc. indicate that you (or an entity with which you are affiliated) are the owner of the domain names <washingtonceasefire.net>, <handguncontrol.net> and <cphv.net> (the "Domain Names"). This letter is to inform you that Washington Ceasefiresm Handgun Controlsm and CPHVsm are valid service marks of WCF and HCI/CPHV, respectively. Your registration and use of the Domain Names infringes upon WCF's and HCI/CPHV's marks in violation of section 43(a) of the Lanham Act.
Due to the obvious similarity of the Domain Names to our clients' marks, consumers are very likely to be misled or confused as to the source of the information and services provided by you at your infringing websites, thereby creating the basis for a claim under Section 43(a). It is apparent from the content of your websites that you are deliberately trying to use such consumer confusion to your advantage in disseminating anti-gun control literature.
As you may be aware, there are new laws and procedures in place to protect a service mark owner from infringement through domain name use. The Anticybersquatting Consumer Protection Act of 1999, Pub. L. No. 106-133 (the "ACPA"), provides for injunctive relief and statutory damages for infringing domain name registrations and use. Additionally, the Internet Corporation for Assigned Names and Numbers has recently adopted the Uniform Domain Name Dispute Resolution Policy (the "UDRP"). The UDRP permits a service mark owner to invoke an administrative proceeding to compel the transfer of an infringing domain name.
Should WCF or CHI/CPHV be forced to bring claims against you under section 43(a) of the Lanham Act, the ACPA, or the UDRP, we are confident that each would prevail. WCF and HCI/CPHV would therefore not only be entitled to monetary damages, but also injunctive relief requiring you to transfer the Domain Names back to their rightful owners.
If you do not cease using these domain names and immediately agree to transfer them to their rightful owners, WCF and HCI/CPHV are prepared to pursue all remedies at law and equity to protect their marks. If we do not receive a response to this letter within twenty (20) days, we will commence legal and or administrative proceedings against you.
Very truly yours,
Stokes Lawrence, P.S.
Alison F. Ivey
cc: Bruce Gryiewski, Washington Ceasefire
Rachana Bhowmik, Handgun Control, Inc./Center to Prevent Handgun Violence