Fw: Cal Yacht Club

There is a nation-wide INTERNET group of "Cal" boat owners (as in Cal-20, Cal-30, Cal-40). The group is small in numbers, but large in their enthusiasm for their boats. They had several names to chose among when forming their INTERNET club, and for whatever reason the majority liked the name "Cal Yacht Club". It makes some sense. They used the "@" with a "C" around it as their burgee. Then comes this: LAW OFFICES OF SELDON & SCILLIERI INTELLECTUAL PROPERTY PROTECTION AND ENFORCEMENT March 21, 2007 BY FEDERAL EXPRESS AND CERTIFIED EMAIL Anthony Santos Cal Yacht Club 6475 E. Pacific Coast Hwy., #381 Long Beach, CA 90803 Dear Mr. Santos, We represent the California Yacht Club of Marina del Rey CA and its parent company, LAACO Ltd. of Los Angeles, California (hereinafter, ¡§LAACO¡¨).The California Yacht Club (hereinafter, ¡§CYC¡¨) is an internationally recognized yacht club that provides a wide variety of programs, events and facilities to its members, as well as tomembers of certain other yacht clubs that provide reciprocal privileges to CYC¡¦s members.CYC has been operating for over 85 years, and is well known throughout the world for its members¡¦ sailing, powerboating and rowing accomplishments. LAACO is the owner of all right, title and interest in the service mark CALIFORNIA YACHT CLUB. LAACO is also the owner of U.S. Trademark Registration 1,661,996 (a copy of which is attached to this letter for your convenience). That registration has become incontestable pursuant to 15 U.S.C. ¡±1065. United States trademark law prohibits anyone other than LAACO and CYC from using its service mark, as well as any other service mark, trade name or domain name that is confusingly similar to ¡§California Yacht Club¡¨ in connection with good or services that are so related to CYC¡¦s services as to be likely to cause confusion, mistake or deception as to the source, sponsorship or affiliation of the good and/or services. In addition, the law prohibits the dilution of a famous mark; that is, in this case, use which dilutes the distinctiveness of ¡§California Yacht Club¡¨ as an exclusive designator of CYC¡¦s goods and services. It has come to our attention that you are promoting an entity that you are calling ¡§Cal Yacht Club¡¨ (hereinafter, the ¡§trade name¡¨) and have reserved ¡§calyc¡¨ as a domain name. Your use of the foregoing trade name and domain name for yacht club services constitutes infringement of our clients valuable service mark rights, as well as dilution of our client¡¦s service mark, unfair competition, and false designation of origin under 15 U.S.C. fu 1125(a). Given CYC¡¦s fame, as well as your nearby location in Long Beach, you undoubtedly had full knowledge of CYC when you chose to use the infringing name, rendering your conduct one of ¡§intentional infringement¡¨. Page 2 Under applicable law, LAACO and CYC are entitled to full compensation for all damage caused by your unlawful activity, including but not limited to the reimbursement of its reasonable attorneys fees. You may not have appreciated the importance of the name and service mark ¡§California Yacht Club¡¨ to LAACO and CYC. Both LAACO and CYC have exerted substantial time and expense in promoting and protecting the ¡§California Yacht Club¡¨ name and reputation. We trust that you can appreciate our concern. In the interest of resolving this matter quickly and amicably, LAACO and CYC are willing to consider the matter closed if you and Cal Yacht Club immediately: (1) cease all use of the trade name ¡§Cal Yacht Club¡¨ and domain name ¡§calyc¡¨, and refrain from using any other trade name or domain name that is confusingly similar to ¡§California Yacht Club¡¨; and (2) destroy all promotional material which remains in your inventory, and provide me with a statement under penalty of perjury that all such material has been destroyed. If, by the close of business on Wednesday (March 28, 2007), you advise me in writing that you have fully complied with the foregoing demands, and provide the statement set forth above, LAACO and CYC will consider the matter settled. If, on the other hand, you have not done so by close of business on Wednesday (March 28, 2007), we will presume that you intend to continue your infringing and unlawful activities, and we will have no choice but to take appropriate action. Sincerely yours, Robert A. Seldon RAS/k Enclosure If you wonder how the people of "California Yacht Club" actually refer to themselves, try dialing 310-823-4567. It's also a bit odd that they may be the only yacht club that has picked the name of their state, suggesting that they represent boaters from all of California. I assume that NYYC stands for the city, not the whole state of New York. Having an attorney is good. Knowing when to use him or her is better. Fin Beven