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Source: http://www.yuksrus.com/kids_barney.html
January 7, 2011. Content has not been altered except to correct browser mispelling.

Date: Tue, 02 Jan 2001 11:12:47 -0500
From: Gibney, Anthony & Flaherty, LLP
To: yuksrus@yuksrus.com
Subject: Re: Unauthorized Use of Intellectual Property
January 2, 2001
BY E-MAIL: yuksrus@yuksrus.com
Re: Unauthorized Use of Intellectual Property
Dear yuksrus@yuksrus.com:
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.yuksrus.com/barney.html. We have reviewed your website and have concluded that it incorporates the use and threat of violence towards the children's character Barney without permission from Lyons Partnership.
As a result of Lyons Partnership's continuous promotion of the Barney character, Barney has come to be recognized as a distinctive and famous trademark and service mark. Lyons Partnership vigorously objects to the unsavory and unwholesome content that you have associated with its trademark and service mark Barney. The content that you have placed on your website, used in conjunction with the federally registered and famous trademark and service mark Barney, including all relevant hyperlinks to third-party websites, constitutes a violation of the Federal Trademark Dilution Act pursuant to 15 U.S.C. § 1125(c)(1). By associating the Barney trademark with violence, your website tarnishes the distinctive qualities of the trademark and service mark Barney. Remedies available to Lyons Partnership based upon a violation of the Federal Trademark Dilution Act include a permanent injunction, damages, costs and attorneys' fees.
Your actions also 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 diluting its trademark Barney, as well as 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 January 23, 2001, that you have ceased and desisted from diluting the trademark and service mark Barney, as well as 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 web page content relating to the unlawful use of the Barney trademarks or copyrights as well as any links to the official Barney website.
We await an immediate response from you or your counsel.
Sincerely,
GIBNEY, ANTHONY & FLAHERTY, LLP
By: ________________________________
Matthew W. Carlin
cc: Angelo Mazza, Esq.

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