Why a Magic Infinity-ball?

Gentlemen:

We are counsel to Tyco Toys, Inc., the owner of the View-Master 3-D
viewers and a variety of other properties, including "Magic 8-Ball."
Magic 8-Ball is a registered trademark of Tyco, and is the name of a
highly successful toy product marketed by the Tyco companies here and
abroad.  Tyco acquired this and other properties from the View-Master
company in 1989.

It has come to our attention recently that you have employed the
trademark "Magic 8-Ball" in connection with an on-line game intended
to replicate the play of the Tyco toy marketed under the registered
trademark "Magic 8-Ball."

The purpose of this letter is to advise you that the use of the
trademark Magic 8-Ball and of the game marketed by Tyco under "Magic
8-Ball", whether on-line or by any other means constitutes wilful
infringement of our trademark, copyright, trade-dress, and other
intellectual property rights.  It is clear that consumers are likely
to associate such use with Tyco and the Tyco product, and to be
confused about an association between our respective companies --
which association does not exist, as you well know.  Such use and
confusion will inevitably operate to the disadvantage of Tyco and has
the distinct potential to adversely affect the valuable goodwill
presently associated with the products of Tyco and View-Master.

Accordingly, we hereby demand that you cease and desist entirely from
all such use effective immediately, and in no event later than ten
(10) days from the receipt of this letter.

In the event that you fail to cease and desist from all such use, then
Tyco will proceed to take all legal and other action necessary to
protect its rights to its registered trademarks and products,
including without limitation the initiation of legal proceedings for a
preliminary injunction, and the recovery of damages as well as the
costs and attorneys' fees associated with such efforts.

Please conduct yourself accordingly.

Tyco Toys, Inc.


Believe it or not, there's another Magic Infinity Ball too.
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