From: Alex Yuan
VIA EMAIL AND FIRST CLASS MAIL
Cease and Desist Demand
Dear Mr. Rich Kyanka:
As you are well aware, Ask Jeeves, Inc. ("Ask Jeeves") provides search
services on the World Wide Web at the address www.ask.com
http://www.ask.com. It has come to our attention that you are using
imitations of our famous trademarks and trade dress on your
www.somethingawful.com site, specifically in the area entitled "Ask the
Goons" in your Photoshop Phridays section. We refer specifically to your use
of the name Ask Jeeves, the ASK JEEVES DESIGN trademark of our butler
character as well as use of our ASK JEEVES DESIGN button trademark.
Attached as Exhibit A to this letter are examples of the infringing uses on
Ask Jeeves owns the following registered United States trademarks:
ASK JEEVES (Registration No. 2,385,161)
ASK JEEVES DESIGN trademark - butler character (Registration No. 2,332,896)
ASK JEEVES DESIGN trademark - ASK button (Registration No. 2,412,106)
Ask Jeeves also owns common law trademark and copyright rights in these and
other words and images appearing throughout its site. Exhibit B attached
hereto contains examples of the authentic Ask Jeeves trademarks and
copyrighted works that you have misappropriated.
Your actions constitute violations of federal and state trademark and
anti-dilution law, copyright law, and unfair competition law. As such, Ask
Jeeves is entitled to recover money damages as well as injunctive relief
from you and your organization and anyone assisting you in your wrongful
Accordingly, we demand that you immediately cease and desist from all use of
the Ask Jeeves name, any marks of the ASK JEEVES butler character or similar
to the character, the ASK JEEVES button design mark or any similar design,
and any trade dress or type style similar to those of Ask Jeeves. We further
demand that you confirm in writing that you will not in the future use any
mark, trade dress, or copyrighted works similar to those of Ask Jeeves. Your
timely written confirmation of your compliance with each of these demands
may render legal action on our part unnecessary.
This letter is without prejudice to the assertion of any and all legal
remedies that we may pursue as necessary to protect our rights.
Very truly yours,
Associate General Counsel
Ask Jeeves, Inc.
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