Dear Legal:
Our office represents the L. Ron Hubbard Library, the owner of the
copyrights to a number of photographs of Mr. L. Ron Hubbard, the founder of the
Scientology religion.
We also represent the Church of Scientology International ("CSI"), the
owner of the copyright in the graphic image file depicting the Scientology logo
and of the copyrights of certain photographs, as well as the copyrights to the
website, "scientology.org." CSI is also the exclusive licensee of the trademarks
and service marks of the Scientology religion, which include the term
"SCIENTOLOGY," the "SCIENTOLOGY CROSS" also depicted in the Scientology
logo, as well as the signature "Ron," and the "SCIENTOLOGY SYMBOL ("S" and
double triangle)." "SCIENTOLOGY" is registered with the United States Patent
and Trademark Office under registration numbers 1,775,441; 1,540,928; 1,342,
353; 1,329,474; 1,318,717; 1,306,997; 898018. The SCIENTOLOGY CROSS is
registered with the United States Patent and Trademark Office under registration
numbers 1012452 and 1325117. The signature "Ron" is registered under
registration number 1686383 and the "SCIENTOLOGY SYMBOL" is registered
under numbers 678,100; 1,296,040; 1,727,436; 1,646,324; and 1,280,999.
CSI and its sub-licensees use these trademarks in connection with
providing religious and humanitarian services and counseling, seminars, books,
classes, and lectures, among others. These marks are also used extensively on the
Internet. For example, many of these products, including numerous books on the
Scientology religion and services are promoted through a number of web sites,
including "www.scientology.org," "www.scientologyreligion.org," and
"www.whatisscientology.org," among others.
We likewise represent Bridge Publications, Inc. ("BPI"), the owner of the
copyright to the cover of the Dianetics book, which is registered with the United
States Copyright Office under registration number VA 1-056-398.
I. Copyright Infringement.
Please be advised that one or more of YTMND.com's subscribers have
placed a number of the L. Ron Hubbard Library's photographs, as well as CSI's
logo and a section from its website, scientology.org, and BPI's Dianetics cover, on
your website without the authorization of our clients. These copyrighted works
can be found under the following URLs:
http://scientologytruth.ytmnd.com
http://lbronhubbard.ytmnd.com
http://lronhubbard.ytmnd.com
http://ronhubbard.ytmnd.com
http://buyitnow.ytmnd.com
http://hubbardlol.ytmnd.com
http://lronhubbardisstrange.ytmnd.com
http://scinfak.ytmnd.com
http://suckitlron.ytmnd.com
http://scientologyweakness.ytmnd.com
http://lronhubbardisracist.ytmnd.com
http://seaorgy.ytmnd.com
http://scientologyfails.ytmnd.com
The action of placing these copyrighted works on your website violates
United States copyright law. Accordingly, we request your help in removing these
from your website.
The reproduction of a photograph in its entirety constitutes copyright
infringement. See Rogers v. Koons, 751 F.Supp. 474, 478 (S.D.N.Y. 1990) aff'd,
960 F.2d 301 (2nd Cir.), cert. denied, 506 U.S. 934 (1992); see also, Playboy
Enterprises, Inc. v. Russ Hardenburgh, Inc., 982 F.Supp. 503, 513 (N.D.Ohio
1997) (where defendants were found to have violated plaintiff's exclusive
publication right by moving subscriber-uploaded photographs to common
bulletin board service files); Playboy Enteprises, Inc. v. Webbworld, Inc., 991
F.Supp. 543 (N.D.Texas 1997) (where court found that the owner of an internet
site infringed a magazine publisher's copyrights by displaying copyrighted images
on its web site); Kelly v. Arriba Soft Corporation, 280 F.3d 934 (9th Cir. 2002)
(where court found that displaying plaintiff's copyrighted photographs on
defendant's web site infringed plaintiff's "exclusive right to display the
copyrighted work publicly" under the Copyright Act)
II. Trademark Infringement.
We have likewise been advised that one or more of your subscribers is
using the above-referenced federally registered trademarks on each of his or her
webpages on YTMND.com's website. These can be found under the following
URLs:
http://lronhubbard.ytmnd.com
http://hubbardlol.ytmnd.com
http://lronhubbardisstrange.ytmnd.com
http://gaysci.ytmnd.com
http://ns2.ytmnd.com
http://scientseize.ytmnd.com
You are hereby on notice that the use of our client's marks in this fashion
has caused you and these webpages to be falsely associated with our client's
marks and creates a likelihood of confusion as to the source or sponsorship of
these webpages in violation of United States state and federal law, including the
Lanham Act, 15 U.S.C. 1125(a).
Likewise, our client's trademarks are famous, distinctive and unique. The
use of the mark in this manner dilutes and tarnishes the distinctiveness of the
mark in violation of the federal trademark antidilution statute, 15 U.S.C.
1125(c) and the New York and California antidilution statutes, New York General
Business Law 360-l and California Business & Professions Code 14335. See,
Kraft Foods Holding, Inc. v. Helm, 205 F.Supp.2d 942 (N.D. Ill 2002); Victoria's
Cyber Secret Limited Partnership v. V Secret Catalogue, Inc., 161 F.Supp.2d 1339
(S.D. Fla. 2001); Mattel, Inc. v. Internet dimensions, Inc., 55 U.S.P.Q.2d 1620
(S.D.N.Y. 2000).
Accordingly, we ask your help in removing these trademarks from your
website, as well.
I have a good faith belief, and in fact know for certain, that the posting of
these works and trademarks by your subscriber(s) on these web pages was not
authorized by my clients, any agent of my clients, or the law.
I declare under penalty of perjury that this information is accurate and that
I am authorized to act on behalf of the L. Ron Hubbard Library, CSI and BPI in
this matter.
I appreciate your prompt attention to this matter.
Sincerely,
Ava Paquette
Moxon & Kobrin
3055 Wilshire Boulevard
Suite 900
Los Angeles, California 90010