20th Century Fox's
|
GIF Image of Page 1 of the letter. 158K
GIF Image of Page 2 of the letter. 138K
[TCF Logo and Address in Beverly Hills, California.]
Twentieth Century Fox
Licensing & Merchandising
A Unit of Fox Filmed Entertainment
David G. Oakes, Counsel
Legal Affairs
VIA COURIER
October 19, 1995
JEANETTE FOSHEE
1603-13th Street
Boone, Iowa 50036
Re: "THE SIMPSONS" - Copyright Infringement
Dear Ms. Foshee,
It has come to our attention that you have caused the creation and distribution of a
collection of icons which reproduce the characters, images, voices, sounds and other
distinctive elements of the copyrighted television series entitled, "THE SIMPSONS".
Twentieth Century Fox Film Corporation ("Fox") owns all rights under copyright and
trademark in and to "THE SIMPSONS". Your creation and distribution of these icons
patently and unavoidably infringes Fox's rights.
This course of conduct exposes you to substantial monetary damages and injunctive relief
in favor of Fox. As you may be aware, such damages for copyright infringement can
include statutory penalties of as much as $100,000 for willful infringement, damages
under laws governing trademarks, and punitive damages under laws of unfair competition.
In view of the foregoing, we hearby demand that you do the following:
1. Immediately cease and desist all further creation, distribution, advertising,
promotion, posting or any other exploitation of the referenced icons, or any other activity
which utilizes the characters, images, voices, sounds, designs or other elements of "THE
SIMPSONS" in any way whatsoever;
2. Immediately order all such icons, as well as all related artwork, and other
materials, or any other use thereof, to be withdrawn;
3. Deliver to a designated representative of our office all disks containing such
icons, all related artwork, or any other materials on hand;
4. Provide Fox with an itemized accounting of any and all revenues resulting
from exploitation of such icons so that Fox can determine its damages;
5. Provide Fox with the names and addresses of all persons to whom such
infringing icons have been sold and/or distributed, or who are known to you to have
received, used and/or further distributed such icons. In addition, please provide Fox with
the names of all internet servers on which you know such icons have been posted.
6. Confirm to the undersigned in writing, by letter received in our office not
later than 5:00 p.m. on November 10, 1995, that you shall fully and promptly comply
with each of the foregoing demands (at which time specific arrangements for turnover of
materials can be finalized).
If we have not received your full and voluntary compliance with each of the foregoing
demands by the deadline specified, be advised that we shall, without further notice to
you, take all available legal action to compel the discontinuation of your use and
exploitation of the infringing icons, to recover monetary damages to the full extent
allowed by law, including attorney's fees and costs of suit, and to obtain such additional
legal and/or equitable relief as the court may allow in the circumstances. We hope that
your voluntary compliance with the foregoing reasonable and lawful demands will make
the initiation of legal action against you unnecessary.
Finally, be advised that nothing contained in this letter as, or may be deemed
or construed to constitute, a waiver or relinquishment of any of Fox's rights and remedies
in the premise, all of which are hereby expressly reserved.
Very truly yours,
signed
David G. Oakes
enc.
cc: Antonia Coffman (all w/e)
Susan Grode
Anatole Klebanow
Jamie Samson
Central Files
LT641V01.DGO 10-13-95
"THE SIMPSONS"/Jeanette Foshee