We recieved this letter 3 days after Christmas. What follows is the body of the letter.
Re: Unauthorized Use of WAL-MART Intellectual Property: Our file: 020717-181
Dear Mr. Smith:
We represent Wal-Mart Stores, Inc. (“Wal-Mart”). Wal-Mart is the owner of
the Wal-Mart trade name and numerous trademarks and service marks, including
the famous WAL-MART mark and logo and the “Smiley Face” logo (hereinafter, the
“Wal-Mart Marks”). Wal-Mart has established substantial and valuable good will
in its marks and name and has the exclusive right to use its marks and name.
It has come to our attention that at www.walocaust.com and
www.cafepress.com, you are selling merchandise, including t-shirts, hats, and
mugs, that contain Wal-Mart’s “Smiley Face” logo and/or the mark “WALOCAUST”
with a five-pointed star between “WAL” and “OCAUST.” Your use of these marks
is diluting and tarnishing the Wal-Mart Marks. In addition, your use of these
marks (i) creates the false impression that you and your products are
affiliated, connected, or associated with and/or sanctioned by Wal-Mart and
(ii) is likely to cause confusion among consumers.
Wal-Mart has not authorized you to use the Wal-Mart Marks or marks similar
thereto in connection with your business. Wal-Mart is not affiliated,
connected, or associated with you and does not sponsor or endorse your
business. Consequently, your actions may constitute, among other things,
trademark infringement, trademark dilution, and false designation of origin.
We therefore demand that you cease and desist from infringing Wal-Mart’s
intellectual property. To that end, you must immediately:
1. Cease offering for sale any merchandise that incorporates the “Smiley
Face logo, WALOCAUST or any of the Wal-Mart Marks or any other
intellectual property owned by Wal-Mart or any other intellectual
property confusingly similar thereto in connection with your business
activities; and
2. Confirm in writing that you have fully complied with all of Wal-Mart’s
demands by signing and returning the attached acknowledgement.
You must fully comply with Wal-Mart’s demands by January 6, 2006. Should
you fail to comply and should Wal-Mart choose to exercise all of its legal
rights, Wal-Mart may be entitled to, among other things, an injunction, your
profits, Wal-Mart’s actual damages, and/or Wal-Mart’s attorney’s fees and
costs.
The demands made herein are not made to the exclusion of other rights or
remedies to which Wal-Mart is entitled, and nothing in this letter, nor any act
or omission by Wal-Mart, shall be construed as a waiver of any right or remedy
possessed by Wal-Mart, all of which are expressly reserved.
Your prompt attention to this matter is appreciated.
