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