This story is one of the reasons why Graham Meade decided not to run a web-site any longer.
LLP 9720 Wilshire Blvd., Penthouse Suite
Beverly Hills, CA 90212
(310) 248-3830 Fax: (310) 860-0363
January 27, 2000 VIA ELECTRONIC MAIL
Jordan and Jami [email protected] [email protected]
Re: UNAUTHORIZED USE OF TWENTIETH CENTURY FOX PROPERTIES
Gemfonts (http://members.tripod.com/grimbo2/gemfont.htm) (http://skyscraper.fortunecity.com/windows/3/main-fontac.htm)
Dear Jordan and Jami:
We are writing to you on behalf of our client, Twentieth Century Fox Film Corporation (hereinafter "Fox"). Fox is the exclusive owner of all copyrights, trademark and other intellectual property rights in and to the famous "Buffy the Vampire Slayer" television series (hereinafter the "Buffy Copyrights and Trademarks"). No one is authorized to reproduce, transmit, copy or otherwise utilize the Buffy the Vampire Slayer Copyrights and Trademarks without the express written permission of Fox. Fox has dedicated tremendous time and resources to the creation of quality entertainment programming such as "Buffy the Vampire Slayer," and greatly values the comments and suggestions of fans who enjoy Fox's programs. However, the development and distribution of Fox's programs requires a collaboration with many different entities, including guild organizations representing actors, directors and writers, as well as local, national and international television stations and cable and satellite programming services. Based in part on these relationships, Fox has a legal responsibility, including many contractual obligations, to prevent the unauthorized distribution of its proprietary material. We recently discovered that your web site (http://members.tripod.com/grimbo2/gemfont.htm and http://skyscraper.fortunecity.com/windows/3/main-fontac.htm) contains unauthorized derivative works of the Buffy the Vampire Slayer Copyrights and Trademarks in the form of a font called "Buffied," which is based on the stylized wordmark of "Buffy the Vampire Slayer." Fox tries to support its fans whenever possible. However, after reviewing your web site, we must request that you remove the "Buffied" font from your web site as soon as possible. You are hereby put on notice that the unauthorized use of Fox's proprietary material, as well as the reproduction, sale and/or distribution by you of such unauthorized and/or derivative materials (including providing such items for free on the Internet) constitutes copyright infringement and trademark infringement, and potentially subjects you to both civil and criminal liability. While we expect that you will want to accede to our requests, please understand that if you do not remove this infringing material without delay, we will be forced to recommend to Fox that it take appropriate legal action against you to have them removed. Thank you for your cooperation in this regard. Your interest in "Buffy the Vampire Slayer" is most appreciated. Fox will continue to do its best to bring you quality entertainment. Nothing contained in this letter constitutes an express or implied waiver of any rights, remedies or defenses of Fox, all of which are expressly reserved.
Very truly yours, /s/ Dennis L. Wilson Keats McFarland & Wilson LLP DLW:hra cc: Twentieth Century Fox Film Corporation
Reply from Graham after receiving the forwarded mail:
In regard to this email which has been forwarded to me, I have had time to think upon it and its contents. There is no way in which I can determine that this is a hoax or not, and until proof can be provided to me in a manner that I am prepared to accept, I will not look upon the message as representative of Fox or as is claimed, a legal representative for the Fox organisation. The manner in which this message has been sent about can in itself be determined as being illegally against my privacy and rights. One form of proof is a website that your company runs, as well as your contact name, email and site within the Fox organisation. When I have this I will contact them (and the Government Legal Department in your country) regarding you and your organisations actions in regard to this message and how the information is being spread about the internet by you and your company without concern with how it affects my rights, freedom and feelings. Properly run legal companies do not send legal threats nilly willy across the internet to all and sundry without being prepared to accept the responsibilities for their actions, they send it to the person who they are threatening. I will wait one week for your reply and satisfaction upon proof before restoring my site and that font to exactly as it was before this messages contents were made aware to me. Internet fraud and blackmail, threats etc. are a criminal offence as you should know being 'Lawyers' (?) and I will not spare any avenue to pursue your company legally. This is not a threat. Also I do not beleive that you have the legal rights to prosecute a resident of another country as you are claiming that you will do. One week, today being 29/1/200, you have until 6/2/200 to provide this proof.
Graham Meade