Dennis L. Wilson, Esq.
BAKER & HOSTETLER LLP
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Los Angeles, CA 90017-3212
(XXX) XXX-XXX
September 16, 1997
VIA FEDERAL EXPRESS
AND ELECTRONIC MAIL
Jason Charnick
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Re: UNAUTHORIZED USE OF TIME WARNER ENTERTAINMENT COMPANY, L.P. AND DC COMICS PROPERTIES
Dear Mr. Charnick:
This letter is being written to you on behalf of Warner Bros. , a division of Time Warner Entertainment Company, L.P. (”Warner”) and DC Comics ( DC ).
Warner and DC are the exclusive owners of all copyright, trademark, and other intellectual property rights in and to the Superman properties, including, but not limited to to the “Superman Lives” motion picture and script (hereinafter the “DC Properties”). Warner and DC take their responsibility for the protection of the DC Properties very seriously.
Warner and DC have recently learned of your site (http://home.att.net/~jason-charnick/) on which an unauthorized “Superman Lives” script is being advertised, promoted, and distributed. You are hereby put on notice that the copying, transmission, or other utilization by you of the DC Properties constitutes copyright infringement, trademark infringement, trademark dilution, unfair competition, and/or disparagement, and potentially subjects you to both criminal and civil sanctions.
Warner and DC hereby demand that you and all those who have acted in concert with you immediately cease any copying, transmission, or other utilization of any of its protected intellectual property, including any use of the “Superman Lives” script. Warner and DC also hereby demand that you cease and desist the advertising, promotion, and distribution of such unauthorized material on your site or other sites operated by you (including any local, regional, or national bulletin board). Should you not immediately do so, Warner and DC expressly reserve all of their rights to file a lawsuit against you to obtain both money damages for all past acts of infringement and an injunction to prevent any future infringement.
If we do not receive your written confirmation before the close of business on September 17, 1997, that you have complied with these demands, we will advise Warner and DC to take such action against you as they may deem appropriate.
This letter is not a complete statement of Warner’s an DC’s rights in connection with this matter, and nothing contained herein constitutes an express or implied waiver of any rights, remedies, or defenses of Warner and DC in connection with these matters, all of which are expressly reserved.
Very truly yours,
/s/
Dennis L. Wilson
for BAKER & HOSTETLER LLP