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Dear Paul:
We are counsel to TMP Worldwide, Inc. and Monster.com. As you are
probably aware, Monster.com provides a wide range of services via the
Internet in the fields of career management, job placement, and information
and educational resources for working people. Monster.com is one of
the 100 most visited Web sites on the Internet, having averaged more
than 15,000,000 unique visits per month during 2000. Our client is the
owner of U.S. Trademark Registrations Nos. 2,347,985 and 2,403,411 for
its trademarks MONSTER and MONSTER.COM, which registrations are in full
force and effect. As a result of the widespread use, advertising and
enormous success of Monster.com, the trademarks MONSTER and MONSTER.COM
have become exceptionally well known and have acquired a substantial
secondary meaning associated with our client exclusively. In early August,
you sent Monster.com an email stating that you own and have designed
the website located at www.monsterjobs.org. At this website, you have
set up what purports to be some sort of employment website. However,
when a link from the site is clicked on, one is taken to a page titled "The page cannot be found." On that page, at the second bullet point,
it states "open the www.microsoftsite.com homepage, and then look for
the links for the information you want." When this domain name is clicked
on, one is taken to a pornographic website. Additionally, as of August
17, 2001, pornographic pictures were placed directly on website located
at www.monsterjobs.org. Although we performed a search on the WHOIS
database of Internic to determine who registered www.monsterjobs.org,
it appears that the domain name registrant provided false information
to the Registrar. Nonetheless, based on your email to Monster.com, it
appears that you are the registrant of the domain name. Your registration
and use of for an employment website that links
to a pornographic website and actually places pornographic pictures
on the site constitutes a clear and willful infringement of our client's
trademark rights in violation of Section 43(a) of the Federal Trademark
Act, 15 U.S.C. § 1125(a); is certain to cause dilution by tarnishment
of the strength and quality of the MONSTER marks in violation of the
Federal Trademark Dilution Act, 15 U.S. C. §1125(c) and various state
anti-dilution statutes; and constitutes common law trademark infringement
and unfair competition. There is no legitimate reason for you to register
and/or create a website under this domain name except as part of a conscious
and willful attempt to use our client's famous mark in order to attract
Internet users to your website as well as the pornographic website it
links to. Our client will not tolerate such offensive conduct. Accordingly,
we demand your assurance, in writing, that (1) you will immediately
cease and desist from all further use of the domain name
or any other mark confusingly similar thereto; and (2) you will transfer
the
domain name to Monster.com. If we do not have
your prompt agreement on this matter, our client will not hesitate to
initiate an action against you in United States District Court, seeking
preliminary and permanent injunctive relief, an award of all profits
arising from your illegal activity, damages, costs and attorneys' fees
as well as initiate a UDRP proceeding to compel the transfer of the
domain name. Let us hear from you by no later than August 30, 2001.
If we have not had a satisfactory response by that date, our client
reserves the right to commence litigation without further notice to
you. The foregoing is without prejudice to any of our client's remedies
against you or your company, all of which are expressly reserved.
Hugs and kisses,
Monster.com