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1999 Cease & Desist Letter

May 21, 1999

Friendship Enterprises
M5R 1S7

Attention: Webmaster

Dear Sirs:

Re: Toronto2.com
We 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.

Domain Name
Our 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 identical name.

Our 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.

Copyright and "Framing"
In viewing your site, our clients have discovered that you are framing several web pages published by toronto.com and affiliated companies. In

  • Casa Loma page, published by toronto.com
  • Bata Shoe Museum page, published by toronto.com
  • Eaton Center site, published by toronto.com
  • Movie Listings, published by eye.net
  • Electronic edition of The Toronto Star, published by Torstar ElectronicPublishing and The Toronto Star
  • Star Careers classified advertising listings, published by Torstar Electronic Publishing and The Toronto Star
  • By 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 from copying or publishing its copyrighted works.

    Our 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 property rights.
    Yours very truly,

    Michael Erdle

    cc. George Jewel, General Manager, toronto.com

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