FC: MPAA reportedly nastygrams RatedNC-17.com over trademark claim

[Declan McCullagh <declan () well com>]

---

From: "Steev" <steev () steev net>
To: <declan () well com>
Subject: FW: Violation of MPAA Trademark Rights
Date: Wed, 4 Jun 2003 20:40:10 -0400

 declan, I have been a loyal reader of politech for quite a while now, and
was hoping you or someone on the list could help me out, a friend of mine
received this email, there was nothing in the email, just the document that
is attached, my friend thought it was spam or a virus attempt at first, but
finally virus checked the document before reading it.  The text is as
follows:

MOTION PICTURE ASSOCIATION OF AMERICA, INC.
15503 Ventura Boulevard
Encino, CA 91436

                
BARBARA ROSENFELD               TELEPHONE:  (818) 382-1717
VICE PRESIDENT AND SENIOR COUNSEL               FAX:  (818) 382-1786
                E-MAIL:  Barbara_Rosenfeld () mpaa org
                
                
                June 4, 2003

Via Email:  nc-17 () ratednc-17 com

Mr. Laurence Skegg
Ter Wadding 18
Voorshcoten 2253LW
Netherlands
        
RE:     Violation of MPAA Trademark Rights
        - "RatedNC-17.com" Website Registration

Dear Mr. Skegg:

        As you may know, the Motion Picture Association of America, Inc.
("MPAA") has administered its well-known system for rating motion pictures
for over thirty years.  MPAA owns all trademark rights in the rating symbols
and designations with that system.  As you must be aware, one of the rating
designations in the system is NC-17.

        MPAA owns Federal certification mark registrations for the NC-17
designation.  Specifically, MPAA owns U.S. Trademark Registration No.
1,661,271 for its certification mark NC-17, which registration is in full
force and effect and is incontestable.  The certification mark NC-17 is
widely known and famous throughout the United States as designating motion
pictures rated by MPAA.

        It has come to our attention that you have registered the domain
name "RatedNC-17.com."  This domain name inherently refers to the MPAA
rating designations.  There appears to be no good faith reason for you to
have registered this domain name, since you have no connection to the MPAA
or its motion picture rating system.

        If you have registered the domain name in bad faith, your actions
may subject you to the loss of your domain name as well as to civil
penalties of up to $100,000 under the recently adopted Anticybersquatting
Consumer Protection Act of 1999, 15 U.S.C. ? 1125(d).  If you actually
operate a website which offers any goods, services, or information, your
actions will constitute trademark infringement and/or dilution under the
Trademark Act of 1946, 15 U.S.C. ? 1051 et. seq.

        We therefore ask for your prompt assurance, in writing, that (1) you
will not publish, distribute, transmit or disseminate in any way any
information, goods, or services under the name "RatedNC-17.com," or any
other name confusingly similar thereto; and (2) you will either delete the
domain name "RatedNC-17.com" from the domain name registry or immediately
transfer the name to MPAA.  If we can have your agreement on these points,
MPAA will be willing to consider this matter closed.

        If we do not have your agreement, we will commence an action against
you either under the new ICANN dispute resolution procedures, or as a civil
action in United States District Court, seeking injunctive relief, damages,
and an award of our attorneys' fees.

        Please let us hear from you by no later than June 18, 2003.  The
MPAA reserves the right to commence legal proceedings without further
notice.

                                                                Sincerely,



                                                                Barbara
Rosenfeld

cc:     Andy Baum, Esq.
        Simon Barsky, Esq.



Bcc: Milissa Brockish


My friend actually lives in the UK now, and not the netherlands, and uses
the site for a weblog and to release themes he has written for the linux wm
blackbox.  He doesn't quite understand why this email has been sent, and has
searched the net, and pointed me to ratedr.com which is another website with
a weblog as well.


What, if anything are his options?  Obviously, he does not have bad faith in
registering the domain, but he doesn't know how to proceed from here.  My
interest is simply because I am starting pre-law in the fall, in the hopes
of becoming a lawyer someday.


-- steev

http://steev.net
PGP Key ID: 0xAA929643

-----Original Message-----
From: NC-17 [mailto:nc-17 () ratednc-17 com]
Sent: Wednesday, June 04, 2003 8:30 PM
To: steev () steev net



-----Original Message-----
From: Barbara_Rosenfeld () mpaa org [mailto:Barbara_Rosenfeld () mpaa org]
Sent: 05 June 2003 00:19
To: nc-17 () ratednc-17 com
Subject: Violation of MPAA Trademark Rights





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