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Loeb & Loeb LLP
A Limited Liability Partnership
Including Professional Corporations
Attorneys At Law
345 Park Avenue
New York, New York 10154-0037
Telephone: 212-407-4000 - Faxsimile: 212-407-4990
Los Angeles - New York - Nashville - Washington, D.C. - Rome
January 23, 1997
Dear Ms. Derr,
We represent Bozell Worldwide, Inc., the advertising agency for the National Pork Producers Council ("NPPC").
As you undoubtedly know, NPPC is the owner of the service mark, THE OTHER WHITE MEAT which it has used in connection with the promotion of pork consumption since November 1986. NPPC has registered this mark in the United States Patent and Trademark Office under registration No. 1,486,548, dated April 26, 1986. Through nearly a decade of use and extensive advertising, NPPC's mark THE OTHER WHITE MEAT has acheived considerable fame and represents an enormous value and goodwill.
It has come to our client's attention that you have begun to use the mark THE OTHER WHITE MEAT on your website. Your use of the identical mark, for whatever reason, may cause consumers to think that NPPC has sponsored, licensed, or somehow authorized your use of the mark. Such conduct constitutes trademark infringement and dilution in violation of federal and state laws.
We ask you to cease all useof you infringing mark at once. If you do not comply with these demands within fourteen (14) days of the receipt of this letter, we will be forced to consider taking further action to defend our clients valuable trademark rights and to seek all remedies to which our client may be entitled.
This letter is not intended to be a full statement of the facts in this matter, or as a waiver of any of NPPC's rights or remedies whether at law or at equity, all of which are hereby expressly reserved.
Very Truly Yours,
James D. Taylor
Loeb & Loeb LLP