September 1, 1999

 

By Registered Mail, R.R.R.

 

Mr. Paul J. Gomez

564 Central Avenue

Carlstadt, New Jersey 07072

 

Dear Mr. Gomez:

 

It has recently come to the attention of the New York Yankees (the “Yankees”) that you have used the domain name www.legendsfield.net.org to identify your website.

 

Your use of the mark Legends Field (the “Mark”) in connection with your website and its domain name have infringed the Mark and created the false impression and likelihood of confusion that the Yankees authorized, sponsored and is associated with your commercial activities, in violation of the trademark laws, including 15 U.S.C. Sections 1114(1) and 1125(a). Your use also has diluted the Mark in further violation of the trademark laws.

 

The Yankees therefore demand that you (i) immediately cease and desist from any further use of the Yankees’ Mark and that you confirm to the Yankees in writing that you have done so, and (ii) fully disclose the complete extent of the use of the Yankees’ Mark, including a detailed accounting of all revenues attributable to your use of the Mark.

 

Please confirm to me as soon as possible in writing, and in any event within five (5) days of receipt of this letter your agreement to the above. We consider your infringement and dilution of the Mark to be a serious matter, and encourage you to cooperate fully with us.

 

The statement of facts set forth in this letter is not intended to be, and shall not be deemed to be, a full and complete statement of the facts pertinent to this matter. Similarly, this letter is not intended to be a complete statement of the Yankees’ rights, and shall not be construed as a waiver of any legal or equitable rights, all of which are hereby expressly reserved.

            If you have any questions or comments, please contact me at (718) 579-4416 immediately.

 

 

 

 

 

 

 

 

 

 

 

cc:        New York Yankees:

Martin Greenspun - VP, Chief Financial Officer

Joseph Perello - VP, Business Development

Dan Cahalane - Director of Publications and Multimedia

 

Michael J. Mellis, Esq.

New Media Counsel

Major League Baseball Enterprises, Inc.

245 Park Avenue

New York, NY 10167