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A Monster Lawsuit
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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
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