VIA E-MAIL
agassi@#####.###
Dear Mr. Agassi:
Wiley Publishing, Inc. (“Wiley”), formerly Hungry Minds, Inc., publisher of the well-known and well-regarded “… FOR DUMMIESÒ” series of reference books and products has recently become aware of your use of the “… FOR DUMMIESÒ” trademark on your webpage http://foolquest.com/ in your article, “Metaphysics for Dummies”.
As you may know, Wiley has over 100 trademark registrations and applications in the United States, Canada, and other jurisdictions for the trademark “FOR DUMMIES”, many “DUMMIES” formatives and the FOR DUMMIES trade dress. The FOR DUMMIESÒ trademark appears not only on our books, but also on CD-ROMs, trade and consumer advertising, in catalogues, point of sale displays, Wiley’s websites, and other promotional and licensed material distributed worldwide. This series has been in existence since 1991 and has enjoyed tremendous success.
Since the FOR DUMMIESÒ trademark is a federally registered mark, United States trademark law requires that Wiley take all reasonable steps to prevent others from using its marks, or confusingly similar marks, in such a way so as to “dilute” its distinctiveness as an exclusive designator of Wiley’s goods and services. If the mark is used by too many different sources, it becomes a “generic” term, and Wiley may lose its exclusive right to use it. Thus, it is Wiley’s responsibility to police for the use of “…. For Dummies” in any manner, and stop all unauthorized use of its trademark. Accordingly, in order to fully protect its valuable trademark, Wiley cannot permit such unauthorized use in connection with your website. In order to resolve this matter quickly and amicably, we request that you:
Thank you for your attention to this matter, and I look forward to hearing from you on or before September 12, 2003.
Sincerely,