Unauthorized Use of Images of the Godzilla Character
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SEYFARTH ATTORNEYS LLP 2029 Century Park East, Suite 3500 Los Angeles, California 90067-3021 (310) 277-7200 fax (310) 201-5219 Writer's direct phone (310) 2 0 1 www.seyfarth.com - Writer's e 5 2 4 6 [email protected] m a i l Writer's direct fax (310) 201-5219 April 19, 2011 BRUSELS VI A EXPRESS MAI L Inert Soap, LLC 1625 Ascension Drive San Mateo, CA 34402 Attn: Mr. Tom Ricket Re: F I N G E R Z I L L A Dear Mr. Ricket: SAN FRANCISO We represent Toho Co., Ltd. ("Toho") in intellectual property matters. Toho is the owner of all rights in and to the trademark and service mark GODZILLA and the GODZILLA character. I n addition, the name GODZILLA and the likeness of Toho's GODZILLA character are federally registered trademarks belonging to Toho. Toho is also the owner of the copyright in the SACRAMENTO GODZILLA character as well as in numerous films featuring the GODZILLA character. Through Toho's long, exclusive, and continuous use of the GODZILLA marks in connection with the GODZILLA films and related products and services, the GODZILLA marks are recognized by the consuming public as identifying Toho, its films, and a wide variety of goods and services. Copies of Toho's U.S. Certificates of Registration for GODZILLA and the GODZILLA character are enclosed. It has come to our and our client's attention that Inert Soap has registered the domain name LOS ANGELS FINGERZILLA.COM. This domain name is active and links to a website about and featuring a game developed by Inert Soap for playing on iPhones and iPads named "Fingerzilla." According to the information on the website, "Fingerzilla is a fast-paced, explosive game of utter destruction. Using your own finger(zilla), rain fiery chaos down upon buildings, cars, and people." Inert Soap HOUSTON uses a picture of the GODZILLA character hovering over a city-scape on its website and in 0 "advertising" for the game. While the city-scape clearly appears in the game, it is unclear whether CD the GODZILLA character appears in the game as well. Our client has not authorized Inert Soap to use images of its GODZILLA character. 0 Accordingly, and while you may not be aware of it, your unauthorized use of images of the 0 GODZILLA character constitutes copyright infringement and could cause users of your site to co 13308763)7.1 THIS LETTERHEAD IS PRINTED ON RECYCLED STOCK 0 .