April 3, 2002

 

VIA E-MAIL

Mr. Michael Scott
xxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxx

Locs@plokta.com

 

Mr. Joseph Siclari
F.A.N.A.C., Inc.
xxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxx

Jsiclari@gate.net

 

RE:                Unauthorized use of the Energizer Bunny

 

Dear Mr. Scott and Mr. Siclari:

It has come to our attention that you are using an image of the Energizer Bunny within the Internet website http://fanac.org/fanzines/Plokta/issue1/bunny.htm.  Although we assume this action is meant to be complimentary to Eveready Battery Company, Inc. (“Eveready”), your use is unauthorized and constitutes a violation of Eveready’s intellectual property rights under the Lanham Act, Federal Copyright Act, Anti-Dilution Act, as well as other state and federal laws.  The Energizer Bunny is a trademark and copyrighted work that is of great value to our company and we must police its use to protect our rights.

Accordingly, we ask that you immediately cease from such use of the Energizer Bunny.  In addition, we ask that you delete all references thereto from your website http://fanac.og/fanzines/Plokta/issue1/bunny.htm and any other websites under your control.    Thank you for respecting our intellectual property rights.

We require written response to and confirmation of your compliance with our request within fourteen (14) days from the date of this letter.  Please print a copy of this letter then sign and date where indicated below and return it to me within the given time period.

Eveready does not waive any rights it may have to pursue this matter to the fullest.  If you have any questions, please feel free to contact me at the address below or at my e-mail address, AmandaR.Vann@Energizer.com.

Sincerely,

 

Amanda R. Vann
Attorney
Eveready Battery Company, Inc.
533 Maryville Center Drive
St. Louis, MO 63141
Phone:    314-985-2149


I agree to promptly comply with the foregoing and will cease use of Eveready’s intellectual property permanently as of the date this letter.