September 3, 2004

 

Jeff Goebel                                                                            via Email:  jeffg@frogstar.com

Frogstar                                                                                 via US Postal Service                                                          

22 Olive Avenue, Suite 2302

Toronto, ON M2N 7G6

Canada

 

 

Re: Unauthorized Use of THX Intellectual Property

 

               

Dear Mr. Goebel:

 

THX Ltd. (“THX”) is the sole and exclusive owner of all rights in the copyrights, names, and trademarks associated with THX, and these properties are protected by the laws of the United States and other nations.  Our registered copyrights and trademarks include the distinctive and famous THX Logo Theme (also known as the “Deep Note”) United States Patent and Trademark Office Registration No. 1,872,866.

               

It has come to our attention that your company has and is using the THX trademark inappropriately.  Namely, you are allowing users to play and download the THX Logo Theme from your website.  The names of the files available for download are “thx.wav” and “dolbythx.wav.”  Evidence of your infringement can be found at the following website:

 http://frogstar.com/wav/effects.asp

 

THX did not authorize this or any other use of its trademarks, or its copyrighted logos or sounds.  Pursuant to federal and state copyright laws, trademark laws, and other statutes, you are hereby notified that your unauthorized use of this property constitutes copyright and trademark infringement, and dilutes the distinctive quality of our famous marks.

 

We demand that you immediately cease and desist from any unauthorized use of the THX trademark.  We request that you provide us with written assurance that you will comply with these demands immediately.  If we do not receive such written within ten (10) days of the date of this letter, we will have no choice but to take appropriate action to protect our rights.

 

The foregoing is not intended to be a recitation of all of the facts pertaining to this matter or all of THX’s claims, and shall not be deemed a waiver of any claim at law or in equity which THX Ltd. may have against you or any other party, each of which is expressly reserved. 

 

We appreciate your prompt attention to this urgent matter.

                                                                                                                                                Sincerely,

 

                                                                                                                                                C. Ann Busby

                                                                                                                                                General Counsel

                                                                                                                                                THX Ltd.

 

cc: Megan Saito

 

 

 

 

THX Ltd. – 1600 Los Gamos Drive, Suite 231, San Rafael, CA 94903 - Telephone: 415.492.3900 Facsimile: 415.492.393