jeffqwe

what do you think? big business squashing little business



“WITHOUT PREJUDICE”
PER TELECOPIER


FILLABONG
P.O. Box 89323
HONOLULU, Hawaii
96830-7323


Re : Billabong Products
Our file: 60 095-2


We are the attorneys for Burleigh Point / Billabong (“Billabong”) and have received instructions to forward to you this letter of demand.

To that end, our client has been informed that you are presently selling products through your store and your web site, which products illustrate drug smokers and related items and which web site promotes drugs and pornography, the whole by utilizing the name “Fillabong”, which is clearly a derivate name of our client’s trade name “Billabong” and is harmful and injurious towards our client’s reputation.

Indeed, our client has built its reputation over many years and your company is clearly attempting to profit from such reputation while at the same time undermining our client’s reputation and good will. Our client suffers from it and sustains considerable damages.

Take notice that our client holds the rights to several Federally registered trademarks for the “Billabong” name and logo. Federal statutes as well as common law prohibit you from selling items bearing the “Billabong” trademark and any derivatives of “Billabong” which could leak to a confusion in the mind of the consumers.

Accordingly, your company is subject to legal action further to your injurious products and advertising, which would include proceedings in injunctive relief and damages, which may extend to any profits our client would have lost, legal costs, and in certain cases punitive damages.

In view of the foregoing, you are hereby summoned to do the following:

1. Immediately cease and abstain from utilizing the “Fillabong” name or any other derivative names of “Billabong” from your store, web site and from any promotional advertising or other marketing materials or mediums;

2. Immediately provide to the undersigned attorneys a written undertaking stating that you have proceeded with the withdrawal of all products and/or and advertizing of the offending products in your store, web site, pamphlets and/or catalogues and any other products or materials exhibiting the name “Fillabong”;

3. Immediately provide to the undersigned attorneys a written undertaking stating that you have ceased the production of such products and advertising, that all said products and advertising has been destroyed and removed from the market and that the name of your enterprise has been amended accordingly with a documentary evidence of same;

As a result and as you are now on notice, any further or continued exhibition of the offending products and/or advertising will be considered as a malicious and intentional action on your part and will result in the immediate institution of proceedings to obtain exemplary damages.

Should you fail to adhere to the provisions of this letter of demand within forty-eight (48) hours of the receipt of this letter, our instructions are to institute immediate proceedings for injunctive relief in addition to any and all other appropriate proceedings, the whole without further notice or delay.

DO GOVERN YOURSELF ACCORDINGLY.

PRÉVOST FORTIN D’AOUST

Per: Robert Faguy

RF/bh

c.c.: Mr. Scott Gellis

Mamabudz

uh...did you get this in writing in the mail son?

Go talk to a business lawyer cause you are being threatened with Restraint of trade in this here United States.

Don't say where that letter be from...

Can't go steal a trademark (that pretty little grfx they got)...but I don't see no clear rip off of their name -- a Bongs a Bong. Can't trademark Bong

You ripping off their mark, then maybe they got something there -- otherwise ...go Fillabong dude and smoke some ...

Higher Logic

Maybe you should tell them they ripped off the word bong and tried to make money from stoners who surfed

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BartSimpson

Not to mention all those folks in western Australia who live in Billabong - where the surf is good! Neat animal park there, too.

buzzmobile

Maybe you should also tell everyone here how your first posts next door at HC.com were demanding that one of our members named fillabong should stop using that handle. The reason you gave was....Do you remember that, jeff? That was yesterday in case you had forgotten.

Oh look! I found your first post from next door! Allow me to present yourself to the Community.

Don't you hate it when big business tries to squash little business?

Mamabudz

MMmmmmm... Me smell Troll Droppings...

(getting out troll stick)