Legal/Infringement Notices/19 March 2010
LEGAL AND PROFESSIONAL COUNSELORS
10099 Chesapeake Drive, Suite 100, McCordsville, Indiana 46055
Telephone: 317.335.3601 Facsimile: 317.335.3602
Via Email; Fax and First Class Mail
March 19, 2010
Mr. Harvey Anderson
650 Castro Street, Suite 300
Mountain View, CA 94041
Re : Unauthorized Use o f John Wayne Intellectual Property.
Dear Mr. Anderson,
This firm represents John Wayne Enterprises, LLC ("JWE"), proprietor of the
trademarks, rights of association, sponsorship and endorsement as well as the rights
of publicity in and to the globally recognized celebrity, the late John Wayne and is so
registered as the successor-in-interest with the office of the Secretary of State of
California in accordance with the requirements of California Civil Code Section 990,
and its successor legislation under Civil Code Section 3344.1.
As counsel for JWE, our firm pursues and prosecutes all claims and causes of action
arising out of or relating to the unauthorized use of John Wayne's rights of publicity,
including, but not limited to his name, image, likeness, signature, voice and persona
and any and all other rights appurtenant thereto, (such as trademarks, service
marks, copyrights and rights under the laws of unfair competition) conferred by
statute, federal and/or common law, or in equity. JWE also is the proprietor of
federal copyright registrations for the various quotes of the late John Wayne as well
as trademark registrations in and to the name John Wayne (collectively "JW
We have recently been informed that the following seller is impermissibly creating,
selling and/or offering for sale various "personas" featuring the JWE Property. More
specifically, the infringing content is located on your site in the following locations /
by the following sellers: http://www.getpersonas.com/en-US/persona/68147 by a
Such unauthorized use of the aforementioned protected intellectual property is in
contravention to JWE's aforementioned rights and must be addressed. To that end,
we ask that Mozilla expeditiously remove the infringing products from its website.
Please know that the above disputed use(s) are not authorized nor licensed by the
copyright/trademark owner, i.e. JWE, its agent, or the law. Further, I aver, under
penalty of perjury, that the above information is accurate and that I am authorized
to act on behalf of the owner of the copyright/trademark interest involved.
Thank you for your prompt attention to this matter. I look forward to your
immediate reply so that this matter can be resolved in an amicable and expeditious
manner. I may be reached directly via email firstname.lastname@example.org. via fax
at (317) 335-3602 or via telephone at (317) 335-3601 x 102.
Nothing contained herein or omitted here from constitutes a waiver of any of the
rights or remedies at law or in equity of John Wayne Enterprises, LLC, all of which
are hereby expressly reserved.
Christine M. Sovich, Esq.
Sovich Minch LLP
cc: Mr. Ethan Wayne, President / John Wayne Enterprises
Ms. Sherry Leysen, Licensing Director / John Wayne Enterprises