| AstrosHistory.com |
| www.AstrosHistory.com received the following letter from MLBP: |
|
July 3, 2002
Writer’s Direct Contact (415) 268-6810 RTarlton@mofo.com By Overnight Delivery & Electronic Mail Email Address XXXXXXXXXXXXX Re: Unauthorized Use of ASTROS Trademarks and Service Marks Our Reference No.: 52933/2400000 Dear Mr. Osborne: Morrison & Foerster LLP represents Major League Baseball Properties, Inc. (“MLBP”), the licensing agent responsible for the protection and enforcement of the trademarks and service marks of the Major League Baseball Clubs and other baseball entities, including those of the Houston McLane Company, Inc. (the “Club”), the owner of the Houston Astros baseball club. The Club owns numerous marks, including word marks that comprise or contain the term ASTROS and design marks that feature the Club’s distinct logos and uniform design logos (“the ASTROS Marks”). As I am sure you know, the Club has used many of the ASTROS Marks in connection with the promotion of the game of professional baseball for over thirty-five years. Many of the marks are the subject of federal registrations and applications. (See, e.g., Registration No. 1,476,271 and Application Serial Nos. 76,350,670 and 76,244,617.) The ASTROS Marks are protected by the trademark laws of the United States and other nations. Moreover, through extensive and continuous use by the Club, the ASTROS Marks have developed widespread recognition among consumers, having obtained protection under common law and otherwise, and constitute famous marks under federal and state anti-dilution laws. Your web site, located at www.astroshistory.com (the “Site”), recently came to MLBP’s attention. While MLBP generally appreciates public support of the Club, our client requires that certain uses of the ASTROS Marks be licensed by it. In order to protect consumers and fans and preserve the rights of the Club. Your use of ASTROS Marks on the Site requires MLBP and/or Club consent. Absent such permission, the ASTROS Marks on your Site violates our client’s rights, including trademark rights, by suggesting a false endorsement and affiliation between the Site and the Club. Specifically, our client is aware of the following conduct on the Site that constitutes unlawful violations of its rights. The Site prominently displays the ASTROS Marks throughout the Site. For example, the ASTROS Marks are prominently displayed in the title of the web page, surrounding the words “Astros History.” Further, the background for the main page and the “History” page of the Site also features protected ASTROS Marks. Lastly, the Site displays the logos of all of the Major League Baseball Clubs on the “History” page. The above-described material suggests a false affiliation, association and/or sponsorship between the Club and the Site. A consumer encountering the material would be likely to conclude that the Club has entered into an arrangement to sponsor the Site or has otherwise agreed to be affiliated with the Site in a commercial manner and that it has approved of these materials. Your conduct deceives the public and is in violation of both federal and state unfair competition laws. Furthermore, your display of the logos of each of the Major League Baseball Clubs infringes the marks of each of the Clubs. While the Club and MLBP appreciate your support of the Club, and recognize that certain uses of the ASTROS Marks may be legitimate, your commercial exploitation of the ASTROS Marks and the marks of the other Clubs in this instance is clearly unlawful. Accordingly, demand is hereby made that you, or your legal counsel, provide written confirmation by July 12, 2002 that you will immediately cease your unlawful use of the ASTROS Marks as well as the logos of each of the Major League Baseball Clubs. MLBP would like to resolve this matter amicably. If, however, we do not receive a timely, favorable response to this letter, we will recommend to our clients that they take all steps necessary to preserve and protect the rights of the Club and MLBP. Nothing in this letter shall be construed as a waiver or relinquishment of any right or remedy possessed by the Club, MLBP or any other affected party, all of which are expressly reserved. Sincerely, Rosemary S. Tarlton
cc: Ethan G. Orlinsky, Esq.
bcc: Philip T. Besirof, Esq. 06/13/02 |
Source: http://www.astroshistory.com/newpage11.htm