represent toronto.com, the owners of the
web site www.toronto.com. Toronto.com
is a partnership of The Toronto Star,
Bell ActiMedia and CitySearch. Our client
has just become aware of your web site
www.toronto2.com. We understand that this
site is under construction , but you intend
to formally launch your site in June.
We also understand that you currently
have sample pages and directory listings
available to the public. Our client owns
rights to toronto.com and copyright in
its web site. Your use of the name toronto2.com
and your "framing" of content from our
client's web site infringes those rights.
You must cease these activities immediately.
client owns the domain name "toronto.com".
It also carries on business under that
name, which is registered with the Ontario
Ministry of Consumer and Commercial Relations.
Our client therefore has rights to prevent
anyone else from using the same name or
a similar name in association with similar
services. You indicate that you intend
to carry on the same type of business
as our client in association with a virtually
client has been using toronto.com as its
trade-mark and domain name in connection
with its online city guide and directory
and related services for more than a year.
It has acquired significant goodwill through
this use. It has rights to protect its
name and mark from misappropriation by
others. Your use of the name "toronto2.com"
for an Internet city guide and directory
is a deliberate attempt to trade on the
goodwill and reputation of our client's
name and mark. Your domain name is virtually
identical to toronto.com. Furthermore,
you have deliberately set out to establish
a connection with our client by offering
similar content on your site. You have
also copied information. directly from
our client's web site to supplement your
site. These framed pages are displayed
in a manner that implies a connection
between your site and our client's site.
This use is likely to mislead anyone accessing
your site into thinking there is an association
with our client.
and "Framing" Casa
Loma page, published by toronto.com
Shoe Museum page, published by toronto.com
Center site, published by toronto.com
Listings, published by eye.net
edition of The Toronto Star, published
by Torstar ElectronicPublishing and The
Careers classified advertising listings,
published by Torstar Electronic Publishing
and The Toronto Star
framing our client's web pages, you are
copying its copyright content and displaying
it without consent. In other words, you
are violating its copyright in its material.
Our client is entitled to prevent others
its copyrighted works.
viewing your site, our clients have discovered
that you are framing several web pages
published by toronto.com and affiliated
client is seriously concerned about these
activities. Toronto.com has invested substantial
time and money in creating and maintaining
its web site, promoting the site, building
public awareness and creating goodwill
in its name and services. It will not
tolerate anyone infringing its trademarks,
appropriating its copyrighted material
or misleading the public
into thinking there is an association
with our client. Our client requires that
you immediately cease using the infringing
name or trademark "toronto2.com", or any
other domain name or trademark that is
similar to our client's domain name.
Our client also requires that you immediately
stop framing its web site pages.
Please confirm, in writing, no later than
May 31, 1999 that you have ceased these
activities. If we do not receive a response,
and these infringing activities do not
stop, by that date, we have already received
instructions from our client to take whatever
steps necessary to prevent your unauthorized
and infringing activities. This may include
commencing a legal action against you
to obtain an injunction to prevent further
infringement of our client's intellectual
George Jewel, General Manager, toronto.com