| The MySpace legal team has sent out Cease & Desist letters to the owners of domain names and web sites which use the MySpace name. Sites such as MySpaceCity.com, MySpaceAdds.com, and MySpaceSupport.com have received such letters which are threatening legal action against those sites for use of the MySpace brand in the domain name.
This may be a case of big boy bullying and intimidation since most of these sites do a good job of differentiating themselves from Rupert Murdoch’s MySpace - in line to be the Yahoo/MTV/Google/Blinkx of News Corp. Ironically, such sites offer tools and downloads to a very loyal MySpace community including layouts, graphics and image hosting.
Here is a copy of the MySpace Cease & Desist letter as sent to MySpaceSupport.com:
MySpace, Inc. is a Delaware corporation (”MySpace”) that operates an online community under the federally registered trademark MYSPACE (Reg. No. 2,911,041).
It has come to our attention that you are operating websites under the domain names www.MySpaceSupport.com and www.MySpaceTalk.com. We are writing to demand an immediate halt to certain ongoing illegal activity.
You are illegally using the MYSPACE mark in your domain names and on your websites. Your websites offer visitors, among other things, MySpace support and discussion forums, codes, tutorials, and toolbars to allow MySpace members to personalize their member websites. MySpace has not authorized the creation of any of these features or the use of our federally registered trademark.
You are also illegally using the MySpace logo on your website.
Your activities violate various federal and state laws, including without limitation trademark and trade dress infringement and false designation of origin under the Lanham Act, 15 U.S.C. § 1051, et seq., and trademark dilution under the Federal Trademark Dilution Act of 1995, 15 U.S.C. § 1125©.
By this letter, MySpace demands that you and any of your affiliates, officers, employees, agents, or other persons or entities acting in concert with you or at your direction, immediately cease and desist from the activities described above in connection with your website or other products or services. Without limiting the foregoing, we hereby demand that you remove the sites www.MySpaceSupport.com and www.MySpaceTalk.com from the internet, cease using the name “MySpaceSupport” and “MySpaceTalk”, and relinquish and transfer the www.MySpaceSupport.com and www.MySpaceTalk.com domains to MySpace.
Your activities are causing and will continue to cause MySpace substantial and irreparable harm. You will be liable for the damages suffered by MySpace, and will be subject to penalties, fines and even criminal imprisonment. |