20th Century Fox's Official Letter to Jeanette Foshee |
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[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Immediately order all such icons, as well as all related artwork, and other materials, or any other use thereof, to be withdrawn; 3.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, /s/ 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