VIA U.S. & ELECTRONIC
MAIL
June 18,
2004
Mr. Ryan
Herbert
Xar.us
8243 Black Haw
Court
Frederick, Maryland 21701
Re:
Unauthorized Use of Copyrighted and/or Trademark Properties –
Xar.us
Dear Mr. Herbert:
I write on behalf of Disney Enterprises, Inc., and
Disney’s subsidiary, American Broadcasting Company, Inc. (collectively
“Disney”), the owner of rights to the
“America’s Funniest Home Videos” program (“AFV”) and to film
clips submitted to the producer of AFV for inclusion in
AFV.
It has come to our attention that you and/or your
affiliates (“You”) have posted on Your Internet website video clips (the
“Clips”) from AFV, as shown on the printout enclosed with the original of this
letter.
Disney does not permit the unauthorized use of its
names, copyrighted works and trademarks.
Such use infringes Disney’s trademark rights, copyrights, and/or
constitutes unfair competition.
Disney hereby demands that You immediately remove all of
the Clips and any other property of Disney from any website owned or operated by
You or on Your behalf, and that You provide me with a letter by July 2, 2004, in
which You (1) confirm that You have complied with the foregoing and that You
agree not to resume such use; (2) account for all consideration You have
received as a result of distributing the Clips or making the Clips available on
Your website(s); (3) identify Your source(s) for the Clips; and (4) identify
anyone to whom You have distributed the Clips or who has downloaded any of the
Clips from Your website.
Very truly yours,
Steven
Plotkin
Executive
Counsel
The Walt Disney
Company
500
S. Buena Vista Street
Burbank,
CA
91521-0643