|FROM ||Ruben I Safir
|SUBJECT ||Subject: [hangout] NY Fair Use
1600 East 17th Street
Brooklyn, NY, 11230
March 21, 2003 By Certified Mail: # 7002 0460
001 0914 0510
Mr. Brett Wynkoop
Wynn Data Ltd
622A President Street
Brooklyn, NY 11215
Dear Mr Wynkoop:
You have received several requests over the past year from members of
the board of NYLXS, Inc. asking you to either assign the internet domain
NYLXS.org to us, or to permanently remove the website of
www.nyfairuse.org from the servers you control. We have offered to
reimburse you for out of pocket expenses. You have refused to comply
with these numerous requests.
NYLXS, Inc. as a non-profit, has done business in education and Free
Software Advocacy since as early as October 2001. We've educated the
public on digital rights issues since May of 2001 under this trademark..
The trademark has prior use by Ruben Safir, the sole founder of NY Fair
Use. Ruben gave the trademark to NYLXS in exchange for the support of
NYLXS, which up to this time paid for the majority of the expenses of NY
Fair Use. Thousand of people have benefited from NY Fair Use efforts
sponsored by NYLXS under that trademark, and we have spent much time,
effort and money investing in the promotion of our trademark in these,
and other activities associated with the organization.
In addition to NYLXS, Inc Company's extensive common-law rights in the
mark. NYLXS has developed sizable good will through our trademark, and
your use of that trademark through the nyfairuse.org domain is impairing
our efforts, and devaluing the trademark. In addition, you are using our
copyrighted material and works on your site.
Your site has never been authorized by NYLXS, and in fact, we
specifically objected to you copying our website. The result of your
use of our Trademark has confused our clients and members, and we have
cases of members of the public being confused about broken programs on
your illegal copy of our site and this has cost us of real income.
We respectfully demand that you cease and desist any further use of the
mark NYFAIRUSE and any other mark or name likely to cause confusion or
dilute the distinctive quality of the NYFAIRUSE mark, including, but not
limited to NYFAIRUSE.COM, NYFAIRUSE.ORG, or any other organizational
components of the NYLXS, Inc organization.
For these reasons, we must insist that you also promptly cease and
further use of the "NYFAIRUSE.ORG" domain name and transfer such domain
name to NYLXS, Inc. transferring the NYLXS.org to the registered
Verisign user RSB468.
Please provide us with your written assurance by April 1st, 2003 that
you will comply with the terms of this letter, by no longer using the
NYFAIRUSE trademark in connection with your business or domain name. You
may indicate your agreement by signing in the space provided below and
returning the original signed letter to us for our records, as wells as
the above referenced domain name transfer agreement, or alternatively
providing us with your intentions in writing. By signing these
agreements, you are also agreeing not to use or register any domain
names, trademarks or trade names in the future which includes, but not
limited to "NYLXS" or other terms likely to cause confusion or dilute
the distinction quality of the NYLXS mark.
Very truly yours,
Founder of NY Fair Use and NYLXS
Brooklyn Linux Solutions
DRM is THEFT - We are the STAKEHOLDERS http://fairuse.nylxs.com
http://www.mrbrklyn.com - Consulting
http://www.inns.net <-- Happy Clients
http://www.nylxs.com - Leadership Development in Free Software
http://www2.mrbrklyn.com/resources - Unpublished Archive or stories and
articles from around the net
http://www2.mrbrklyn.com/downtown.html - See the New Downtown
NYLXS: New Yorker Free Software Users Scene
Fair Use -
because it's either fair use or useless....
NYLXS is a trademark of NYLXS, Inc