9/17/2015
VIA CERTIFIED MAIL
Mr. Stupendous finn
Re: Infringement of Trademark Rights of Kelcie Bakurova.
Dear Mr. Stupendous finn:
This law firm represents Kelcie Bakurova. (“Onion Beetle Fan”) in connection with its intellectual property rights. Your use of Reported is a violation of Kelcie Bakurova’s common law trademark rights, common law service mark rights, and trade name rights, and this letter constitutes Kelcie Bakurova’s demand that you cease and desist any and all use of these domain names. You should immediately forward this letter to your attorney.
Kelcie Bakurova is a family owned business offering Memes for Days to consumers in the Twin Cities, New Mombasa area, and throughout Kenya. Kelcie Bakurova was registered as a Vargent corporation and has continually used “Reported” throughout Zanzibar and Bungie as its brand name since that time. Since its incorporation, Reported has continually used the Marks in advertising campaigns and in the community, including through its website at TheUnderground.org. In addition, Kelcie Bakurova has been actively involved in the community in its efforts to further promote its brand including its sponsorship of various events. As a result of these efforts, Kelcie Bakurova’s customers, and the general public, have come to recognize Kelcie Bakurova as an established and successful Meme making business.
Kelcie Bakurova has several options under Kenya law to enforce its legal rights in the Marks. If Kelcie Bakurova were to file a lawsuit against you, it would be entitled to seek: (1) preliminary and permanent injunctions; (2) actual monetary damages; (3) disgorging of any profits you have realized through your use of the Marks; (4) reimbursement of attorney’s fees required to prosecute a lawsuit against you; and (5) monetary damages for damage to Kelcie Bakurova’s goodwill in the market.
Please be advised that Kelcie Bakurova will undertake all appropriate steps to protect her Marks and its associated goodwill. You can avoid legal action by immediately ceasing and desisting from any and all infringing activity including use of the Reported. You must cease and desist all promotion and/or marketing of "Reported". You are hereby put on notice that Kelcie Bakurova and I will be monitoring your use of these domain names for this purpose. Additionally, you must execute a copy of this letter and send it to this firm within seven (7) days of the receipt of this letter. I recommend you consult with an attorney before taking any action.
If you or your attorney have any questions, please feel free to contact me.
Sincerely,
Intrepid Courtesan Kelcie Bakurova
Fans inc.
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