[1] From: T-Milk USer <tmilkown@tucows.com> (59)
Subject: TUCOWS URGENT ANNOUNCEMENT
[For your edification. By the way, if you do not know about TUCOWS, you
should check it out, at <http://www.tucows.com> and many mirrors
worldwide. -- WM]
Over the last 3 weeks, TUCOWS has been inundated with hundreds of
letters inquiring about rumors of conflict between TUCOWS Limited and
Gateway 2000, Inc.
In order to try and reduce the overwhelming amount of email we are
getting on this subject, and stem the wild conjecture that is being
thrown about the 'net, we are releasing full disclosure of the issue
as it has evolved thus far.
As it stands currently, Gateway has had very little official contact
with TUCOWS. In fact, our only correspondance to date is the
registered letter transcribed below.
We sincerely wish that we could pass on further details at this point,
however, we simply just don't have any further information in our
possession at this time. Gateway has not commented further on the
issue.
For further information as it happens, please refer to
http://www.tucows.com, or keep an eye on T-MILK, our internation
TUCOWS newsletter.
----
Registered Mail From Gateway 2000, Inc.
----
October 22, 1996
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Scott Swedorski, President
TUCOWS
5415 Dundas Street West
Suite 301
Etobicoke, Ontario
M9B 1B5
CANADA
RE: Use of Holstein Cow by TUCOWS
Dear Mr. Swedorski:
It has come to our attention that your company is infringing on a
valuable trademark of Gateway 2000, Inc. Specifically, we note that
you are depicting Holstein cows on your web site to promote your
company.
Please be advised that Gateway 2000, Inc. owns the valid and
subsisting federal Reg No. 1,725,231, marks consisting of a stylized
design representing cow spots. This trademark and the Holstein cow are
widely associated with Gateway 2000 and represent valuable goodwill
and company assets. Gateway 2000, Inc. has promoted the Holstein cow
and cow spots extensively to the consuming public and the trade,
including the display of its cow spots trademark on boxes in which its
products are shipped, which in 1995 amounted to almost 3.7 billion in
sales. Your company's use of the Holstein cow and cow spots in
connection with services relating to products of Gateway 2000 is
likely to confuse and deceive the consuming public. We therefore call
upon TUCOWS to cease all use of trademarks of Gateway 2000
immediately.
Please contact us within ten (10) days of receipt of this letter with
written assurances that TUCOWS has undertaken to cease its
infringement of our registered trademarks. Absent a satisfactory
response from you, we will take whatever legal action we deem
appropriate without further notice to you.
Sincerely,
William M. Elliott
Senior Vice President and General Counsel
610 Gateway Drive P.O. Box 2000 North Sioux City, South Dakota
57049-2000
Telephone 605-232-2000 Fax 605-232-2023 Toll Free 800-846-2000