From: Jeanne.Hamburg@bakerbotts.com
To: jericho[at]attrition.org, Jeanne.Hamburg@bakerbotts.com
Cc: staff[at]attrition.org, sioda[at]attrition.org, alpha[at]attrition.org
Date: Wed, 27 Jun 2001 09:48:44 -0500
Subject: RE: INFRINGEMENT BY ATTRITION.ORG

Dear Security Curmudgeon:

We have received your reply and respond as follows.  We had originally sent
a letter dated June 4 to the postal office box at which you have registered
Forced Attrition's address. We have not received any communication from you
in response to either that letter, or any subsequent electronic
communication.  As you are apparently aware, we have also communicated with
Inficad and had also provided Inficad with a list of the infringing sites,
which follows:

http://www.attrition.org/gallery/other/priceless20.jpg
http://www.attrition.org/gallery/other/priceless1.jpg
http://www.attrition.org/gallery/other/priceless2.jpg
http://www.attrition.org/gallery/other/priceless3.jpg
http://www.attrition.org/gallery/other/priceless4.jpg
http://www.attrition.org/gallery/other/priceless5.jpg
http://www.attrition.org/gallery/other/priceless6.jpg
http://www.attrition.org/gallery/other/priceless7.jpg
http://www.attrition.org/gallery/other/priceless8.gif
http://www.attrition.org/gallery/other/priceless9.jpg
http://www.attrition.org/gallery/other/priceless10.jpg
http://www.attrition.org/gallery/other/priceless11.jpg
http://www.attrition.org/gallery/other/priceless12.jpg
http://www.attrition.org/gallery/other/priceless13.jpg
http://www.attrition.org/gallery/other/priceless14.jpg
http://www.attrition.org/gallery/other/priceless15.jpg
http://www.attrition.org/gallery/other/priceless16.jpg
http://www.attrition.org/gallery/other/priceless17.jpg
http://www.attrition.org/gallery/other/priceless18.jpg
http://www.attrition.org/gallery/other/priceless19.jpg

MasterCard objects to the dilution as well as infringement of its
trademarks; the content posted at the urls set forth above dilutes
MasterCard's trademarks by placing the PRICELESS mark in a context, often
obscene, which may be offensive to many consumers of MasterCard's services.
MasterCard also objects on the grounds of copyright infringement. The case
to which you refer is not a trademark case and did not involve obscene
content, which the vast majority of the sites set forth above, contain.

It is unclear to me what lawsuits you are referring to.  We have concluded
two lawsuits which resulted in termination of infringing uses.
Additionally, MasterCard is currently litigating two disputes in court
involving its rights in the Priceless campaign and will not hesitate to do
so again if necessary.  In sum, our client is quite serious about protecting
its trademark and copyrights and does expect the courtesy of a prompt reply.
It would also be useful for further correspondence to have the
identification of your name.

Sincerely, 
Jeanne Hamburg
Baker Botts L.L.P.
30 Rockefeller Plaza
New York, NY 10112
(212) 408-2698 (phone)
(212) 705-5020 (fax)
email:jhamburg@bakerbotts.com




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