February 1, 2001 BY E-MAIL AND CERTIFIED MAIL, RETURN REQUESTED Re: Unauthorized Use of Intellectual Property Dear Mr. Wright: This firm is counsel to Lyons Partnership, L.P. (“Lyons Partnership”), the owners of the exclusive right to use the copyrighted children’s dinosaur character Barney® as well as the federally registered and famous trademark and service mark Barney. It has come to the attention of Lyons Partnership that you are operating a website found at URL: www.grudge-match.com/History/barney-wesley.shtml. We have reviewed your website and have concluded that it incorporates an image of the children’s character Barney without permission from Lyons Partnership. Your actions constitute direct copyright infringement, and make you subject to injunction and liable to Lyons Partnership for its damages, costs and attorneys’ fees. Pursuant to 17 U.S.C. § 501(a), “anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 118, or of the author as provided in 106(a), is an infringer of the copyright or right of the author….” Lyons Partnership hereby demands that you immediately cease and desist from reproducing, distributing, performing by means of digital audio transmission, displaying, or in any other way infringing upon Lyons Partnership’s copyrights. Lyons Partnership is prepared to pursue all available remedies to protect its intellectual property rights. However, Lyons Partnership will refrain from taking immediate legal action upon condition that you provide written assurances by February 22, 2001, that you have ceased and desisted from reproducing, distributing, performing by means of digital audio transmission, or displaying the copyrighted character Barney. Your written assurances must also state that you have removed all website content relating to the unlawful use of the Barney copyrights as well as any links to the official Barney websites. We await an immediate response from you or your counsel. Sincerely, GIBNEY, ANTHONY & FLAHERTY, LLP
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